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Council Tax Benefit Official Error- Recovery of Future Payments
Hi there; I’ve just had a sizeable amount of HB and CTB deemed unrecoverable; however, the local authority is recovering an amount under the following:
“(5) Where in consequence of an official error a person has been awarded excess benefit, upon the award being reviewed any excess benefit which remains credited to him by the appropriate authority in respect of a period after the date of the review, shall be recoverable”
The original decision was dated February 2011; decision appealed March 2011, and the new decision sent out May 2011.
HB OP was from Aug 08 to Oct 10. The period of overpayment for CTB was between August 08 and March 2011. LA is deeming Oct 2010 to March 2011 as a ‘future period’ and are intent on recovery.
Could anybody let me know the definition of ‘the date of the review’?
Many thanks!
L.