One of our tenants has an overpayment for the last week of their tenancy, the local authority dealing with the overpayment has explained why:

"Your tenant vacated on the Monday, we have cancelled the case back to the previous Sunday. If the customer had vacated on Thursday or after of that week, then we would cancel the case forward to the following Sunday. Therefore the overpayment is correct".

Does this sound right to anyone? I could understand if there has been a change pertaining to end dates and I was asleep for the whole time, but I have always been under the impression that a change in circs on a Monday means the claim is paid up to the following Sunday.

?

Not it is not right, I would like to have their decision and reasons as farmyard manure for my garden.

Refer them to Regulation 69(4)(c)if it was a weekly paid rent

"(c) where the claimant ceased to occupy as his home the dwelling in respect of which he is entitled to housing benefit, his eligible rent
 for the benefit week in which he ceased to be liable to make payments in respect of the dwelling which he occupies as his home shall be nil, unless he is liable to make payments in respect of that dwelling for the whole of that benefit week.

and Reg69(5)(c) if it was not a weekly rent

"(c) where the claimant ceases to occupy as his home the dwelling in respect of which he is entitled to housing benefit, his eligible rent
 for the week in which he ceases to be so liable shall be calculated by multiplying his daily rent
 by the number equal to the number of days in that week for which he is liable to make such payments."

If the LA persist they are sure to loose at a Tribunal

The issue in the case of a weekly rent is whether or not he is being charged for the whole week in the week of vacation. If he is, then regardless of the day he moved, he is entitled to HB for that week.

Thanks - I'm sure it will be manure of the highest quality!