I have struggled to resolve what has been a very complicated case for a year now. My client's Income Support stopped due to failing a PCA appeal on 13th April 03 but should have stopped on 27th January 03 when the decision was made. His Housing Benefit also stopped and an overpayment was issued for the period 27th January - 13th April 04. The client reapplied and was awarded HB from June 03. He appealed the overpayment and requested backdating from 14th April - 2nd June. He was successful in both however instead of awarding underlying entitlement for the overpayment period the local authority instead credited his account with the overpayment amount (£1409.52), therefore creating another overpayment.
In order to rectify this they subtracted the amount they owed him for the backpayment and then reduced his current HB payments by £8.25 a week to pay the rest off. However their overpayment calculation is based on my client receiving all the £1409.52 into his rent account which did not happen as my client's landlord removed over £400 in supporting people payments. This means that my client's rent account is going into arrears as he continues to lose £8.25 HB, even thought the Housing Association has the rest of the money owed. Any ideas of how to resolve this would be gratefully received.

Sam

i have been on the receiving end of gobbledygook explanations about 'creating' overpayments and underpayments etc, which are all to do with the LA's internal accounting systems, and i'd put the risk of brain damage from getting involved in it as very high.

imo the line of least resistence is to work it out in English, and then tell them how much they owe your client. how they sort it out on their computer system is their business. if you work out your client's HB entitlement during the period, which you have indicated was continuous, and compare with the amount _actually_ credited to him (this doesn't sound easy, i must admit). the shortfall should be what he is owed. it is considerably easier if he was not in arrears before 27/1/03, but even if he was, the arrears should not have grown, assuming he has had entitlement to FULL housing benefit continously since then. the LA has no basis to deduct £8.25 if his overpayment appeal succeeded. i'm afraid i don't understand the bit about the landlord removing £400 in SP payments - removed from where-how?

if your client doesn't have full HB entitlement, unfortunately i can only suggest some sort of chemical lobotomy. i'm off to the pub right now...

jan