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Recovering overpaid Housing benefit by deduction from your ongoing Housing benefit entitlement

A recoverable overpayment can be deducted from the claimants or partners ongoing Housing benefit award.

The current rates of deduction are as follows:

£18.50 per week – If the claimant has been found guilty of fraud; or admitted fraud after caution, or agreed to pay an administrative penalty.

£ 11.10 per week – For all other cases the standard (non-fraud rate) applies.

Plus 50% of an earned income disregard

Housing Benefit legislation allows additional recovery at the rate of 50% of any earned income disregard that is applied in the Housing benefit assessment. The current weekly earned income disregards are as follows:

Lone parents £25
Disabled persons £20
Couples £10
Single claimants £5

The increased weekly recovery rates where an earned income disregard present is applied are as follows:

For a Standard overpayment:

Claimant Type Standard deduction rate 50% earnings disregard Total weekly deduction rate
Lone parent £11.10 £12.50 £23.60
Disabled persons £11.10 £10.00 £21.10
Couple £11.10 £5.00 £16.10
Single claimant £11.10 £2.50 £13.60

For a classified fraudulent overpayment:

Claimant Type Standard deduction rate 50% earnings disregard Total weekly deduction rate
Lone parent £18.50 £12.50 £31.00
Disabled persons £18.50 £10.00 £28.50
Couple £18.50 £5.00 £23.50
Single claimant £18.50 £2.50 £21.00

Whilst there is no formal right of appeal against the application of the 50% earnings disregard in the recovery rate, a claimant may request a review of the rate of deduction if they are experiencing financial hardship.

If you do request a review, you will need to give us as much detail as possible about your expenditure and personal circumstances in order for us to make a decision regarding your request.

When we have made a decision we will write to you and let you know. There is no formal right of appeal against this decision; however, you can request a review within one month of the date of the notification letter. A decision can be looked at again if your give us new information or if your circumstances have changed.

Reductions in the recovery rate are not awarded on an indefinite basis; they are reviewed at a specified frequency.

Request a review of the rate of deduction