We have a tenant who went into legal custody in October last year and was released in December 2005. Housing Benefit continued to pay for this period until 28/12/06 when they were advised by an ETD that income support had ceased (as she was in prison). This resulted in the claim being ceased and an overpayment being created, which we were invoiced for in March 2006 and paid in April 2006 with a query as to why the overpayment wa sbeing taken from us as we were unaware of the situation (it is incredicly hard to interact with the tenant).

The tenant is vulnerable and in temporary accomodation and although a backdating claim was made in March with a current Housing Benefit claim, i believe proofs were provided late, although as far as i am aware all proofs were provided except the reason she did not request temporary absence on knowing she was going to prison. The current Housing Benefit is in payment on an income support claim.

We are trying to claim some of this period back as the tenant has very high rent arrears and this overpayment has considerably contributed to them. The main reason that proofs etc were late/claim forms aren't signed is due to the tenants vulnerability and it seems unjust of the authority to penalise this.

Any help will be appreciated.

Many thanks

Jon

I would never have paid this back. I would have appealed straight away, but regardless of his new claim being late, I would now do a late application to appeal the overpayment on the sole ground that the substantive appeal has a resonable chance of success.

Teh Council are obliged to offset any amount properly payable against the overpayment. As he was in prison for less than 13 weeks, he would otherwise have been entitled to HB during his absence and so the whole amount should be offset for the overpayment period.

If his new claim is on the basis of IS then surely it will run continously from the time he was overpaid and so there will be no gaps and the rent arrears will be wiped out