Overpayment Appeals - ESA, HB & CTR

Hi,

I’ve posted a couple of times regarding the overpayment issue for a client who we are arguing was not in a “couple” for the length of period argued by DWP.

Initial overpayment date for ESA was 8th August 2023, MR submitted (different organisation) in September 2023 which received no response. I sent a “chase-up”/MR request letter in April 2024 again no response received. Advised by CPAG to submit pre-action protocol for JR which will go in this week with hopefully a response within 3-4 weeks.

Besides the ESA overpayment, she has an overpayment of HB and CTR. Initially, local authority refused to do anything in terms of the appeal until ESA overpayment was resolved but we’ve decided to go ahead anyway. The decision for HB and CTR overpayments were 20/09/2023 so we are closing in on the ‘absolute time-limit’ on these.

Two questions:

1. Am I right in thinking the absolute time-limit is 20/10/2024 (i.e. 13 months - 1 month plus additional 12 months)

2. Is it worth waiting the additional couple of weeks to see if we get an outcome for the ESA JR or should I submit an appeal regardless?

Any help is greatly appreciated.

Thanks

If you have asked the LA to reconsider its decision, and it has declined to make a decision until the outcome of the ESA MR is known, the time limit for an HB appeal hasn’t yet started.  (The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 rule 23(2)(a)(iii)). But any time limit for CTR may depend on the terms of your LA’s scheme.

Paul Stockton - 17 September 2024 07:05 PM

If you have asked the LA to reconsider its decision, and it has declined to make a decision until the outcome of the ESA MR is known, the time limit for an HB appeal hasn’t yet started.  (The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 rule 23(2)(a)(iii)). But any time limit for CTR may depend on the terms of your LA’s scheme.

Thanks for this - this information was given to the client verbally and no-one from our LA seems to be willing to acknowledge that the conversation happened.

The one good thing about all of the overpayment appeals, is that the argument is the same for them all. Its a decision regarding whether the client was in a couple - our argument is the same that they weren’t for a large proportion of the dates the DWP/LA are saying they were.

I’ve decided to submit an appeal request and say its up-to them whether they want to go ahead or wait until whenever the DWP make a decision. I suspect for them its easier to wait!

Thanks for the information regarding the CTR!

I think that this right but if someone knows better ...

Regarding the Housing Benefit appeal, there is no requirement to request a reconsideration (mandatory or otherwise) prior to making the appeal. So, I think the clock is ticking.

As regards Council Tax Reduction (CTR), you cannot appeal an overpayment recoverability. You can only appeal a council’s failure to apply its own scheme properly, or you can apply for a discretionary reduction to reduce the liability for the same period. If this is refused, you have a right of appeal to the Valuation Tribunal. This should be within 2 months of the CTR decision.