Can anyone advise me on the following... sorry it's a quite long!

Client started full-time uni course in September 2007. Her husband was living with her at that time but had no recourse to Public Funds. Until starting her course, client had been getting JSA paid at single person rate, HB Department and DWP apparently aware that husband living with client. Client also has 2 children.

Client informed HB Department that she would be a full-time student from 24/9/07 and provided her loan/grant proof. Her HB claim was then reassessed. Client was awarded some HB (despite being full-time student?).

In March 2008, client's husband gains indefinite leave to remain in the UK. He applies for IB-JSA and this is awarded to him at the single person rate. Client informs HB Department about new income, and her claim is reassessed. Client then awarded full HB based on husband's JSA income (student status of client and grant/loan income apparently ignored?).

In July 2008, client receives new notification letter from HB Dept, advising that she has been overpaid HB from 1/10/07 to 29/6/08. However, not overpaid completely, still entitled to small amount of HB. It appears HB Dept has reassessed claim again on higher income, possibly adding grant/loan and husband's JSA together!

Client is currently named on her husband's JSA claim and they are getting the couple rate during her summer vacation.

Can anyone advise me: shouldn't client have been refused HB in September 2007 as she was full-time student (and partner had no recourse)? And when client's husband gained leave to remain and claimed JSA, surely client's loan/grant income should have been factored into assessment by DWP? Any advice on appealing the overpayment decision, as client assumed that claim assessed correctly and had no idea she was being overpaid?

Many thanks.

If clients partner gets income based JSA, all income and capital of the couple is disragarded. The Council can only look behind the JSA award if it has evidence that was not before teh DWP that the JSA was claimed fraudulently.

For the period before the partner was given leave to reamian and recourse to public funds, there could be no award of HB if the client was a full time student because neither partner would qualify. (I am assuming that the client does not fall inot any of the exempt groups of students)

It looks to me that at that point any award of HB is not correct and caused by official error.

Once the partner is awarded JSA, he must also be the claimant for HB purposes because the client wont qualify as a student.

If the Council kept on paying her as the claimant, all of the overpayments were caused by official errors and for that reason may not be recoverable.

I would advise the partner to claim HB immediately on the basis that he gets JSA (assuming your clients income was declared to the DWP when he claimed his JSA)