has anyone any comments on the following "new initiative" with regard to childcare costs. we have a tenant who has received a HB overpayment notificcation in excess of £2000.00. when queried it was because she had a change in circumstances allegedly. she disputed this with the Hb team and the CIC was that they had identified she works, pays for childcare and has a partner not in work who is at home.he doesnt sign on as is looking for work. he is 50. three children all under 10.
our tenant declared this on her application form so she did nothing wrong and the HB are now retrospectrively claiming this back from her. Could this be an official error (she could not be expected to know she was being overpaid when all facts had been declared), are there grounds to appeal the backdated recovery? the Council have said it is a new initiative and more will be identified. is it a new initiative based upon legislation change or financial year end deficiencies??? any advice or comments greatly appreciated.

Based on the information given, it appears to be official error.

So long as the LA were given all the info (at the appropriate time), any subsequent error in the calc, by definition, must be official error. There doesn't appear to be any basis on which the clmt contributed to the "mistake" so the only issue is whether or not the clmt could reasonably have been expected to realise she was being overpaid.

In this case, unless the clmt has HB experience, I can't see how she could have been expected to realise. In my view, an appeal should be submitted on the following grounds:

1) all relevant info was given to the LA.

2) the mistake causing the o/p was by the LA and is therefore an official error.

3) the o/p is not recoverable as the clmt did not contribute to the mistake and the clmt could not reasonably have been expected to realise she was being overpaid.

As for "new initiative", this sounds like an LA trying to fudge their own responsibility by indulging in what amounts to a smokescreen of corporate graffiti. The LA has probably found one case which has been similarly calculated incorrectly and has now realised all such cases need checking.

Hope the above helps.

thanks very much. i agree there must be a year end purge, and with the promise of others coming in its wake, we will be helping the tenant to appeal the decision.
thanks again