We have a client who is awaiting date for HB/CTB appeal - meanwhile our CT section is collecting alleged O/P through benefits - is it only guidance that says this should'nt be happening or is there anything more authorative .....

I do not think it has ever been established that such an action is unlawful but the Local Govt Ombudsman has in a number of cases ruled that it amounts to maladministration. So a complaint to them (or the threat of one) might be a good idea.

DWP guidance is that recovery of HB from ongoing benefit during an appeal period is not acceptable. However, the guidance says that sending an invoice to a claimant for an HB overpayment or posting a CTB overpayment to a CTAX account is acceptable.

The Ombudsman will only find mal-administration if the LA concerned is not following the guidance.

However, should the claimant lodge an appeal within the time limits, no further recovery action should be taken on either the HB or CTB overpayment.

The Council can only recover arrears of CTAX from benefit if it first obtains a liability order.

You would have to appeal to the high court within 21 days of the order being issued, or challenge it by JR. You normally only have 3 months to commence JR.

You could appeal the DWP decisison to make the deductions using an Artcile 6 challenge. You may find the reported decision R(IS)14/95 useful. Although that case involved rent arrears, it is equally arguable that the Council cannot prove that there are genuine CTAX arrears where the question of overpaid CTB remains in dispute

some stuff on this in recent HB/CTB circular A13/2006 (published in july this year)

see http://www.rightsnet.org.uk/pdfs/HB_CTB_A13_2006.doc