I'm still uncertain about how to handle the present sutuation where there are recoverable overpayments of 3 benefits (IS, HB,CTB) for the same period and due to the same reason of failure to disclose capital. I imagine that the policy thinking behind the diminishing capital rule is that, in the absence of benefit, the claimant would have had to live off their capital, reducing it at the same rate as the benefit they wrongly received. So if they had not been getting IS, HB and CTB they would have had to reduce their capital by the combined amount of the IS (for maintenance), the HB (to pay their rent), and the CTB (to pay their c/tax). Shouldn't the combined effect of the 3 benefits be considered in a single diminishing capital calculation, rather than separate calculations for each benefit? Does anybody know where the rules are laid out, eg regs, CDs, or DWP guidance?
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