The Housing Benefit Guidance manual states that there has to be a 'genuine re-occupation' of the property to end a period of temporary absence. If she has already been absent for more than 52 weeks and has only ever returned to collect her post, I'm afraid Housing Benefit may stop.
Whether the benefit she has previously received would be deemed an overpayment would probably depend on how long it was anticipated she would be away from the property at the outset. It it was always likely she would be away for more than 52 weeks continuously, her housing benefit should have probably stopped immediately. However, if her Housing Officer was aware of this, you could probably argue any subsequent overpayment should be deemed unrecoverable.
|