Guidance

Housing Benefit overpayments guide

This guide is for staff who deal with Housing Benefit overpayments for local authorities and housing authorities.

• From: Department for Work and Pensions
• Published: 27 February 2015
• Last updated: 13 August 2024
  Show all updates

  1. 13 August 2024

     Updated example 4, para 2.64 'Subsidy easement' of 'Part 2: Classification and recovery' with an additional bullet point to confirm Local Authority (LA) action taken.

  2. 6 March 2023

     All Chapters (1 to 7) have been updated in HTML and PDF format.

  3. 30 April 2020

     Added updated version of 'Part 2: Classification and recovery'.

  4. 23 January 2020

     Added updated version of 'Part 1: What is an overpayment'.

  5. 2 October 2017

     Corrected subsidy rate in row 5 of table 2.05 in 'Part 2: Classification and recovery' from 100% to nil.

  6. 13 July 2015

     Amended paragraph 5.13 of Part 5 Decision Notices to clarify what we mean by 'without prejudice'.

  7. 27 February 2015

     First published.

Applies to England, Scotland and Wales

Documents

Part 1: what is an overpayment

HTML

Part 1: What is an overpayment

PDF, 189 KB, 5 pages

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Part 2: Classification and recovery

HTML

Part 2: Classification and recovery

PDF, 273 KB, 21 pages

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Part 3: Calculation of overpayments

HTML

Part 3: Calculation of overpayments

PDF, 330 KB, 25 pages

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Part 4: Recovery of overpayments

HTML

Part 4: Recovery of overpayments

PDF, 440 KB, 39 pages

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Part 5: Decision notices

HTML

Part 5: Decision notices

PDF, 132 KB, 4 pages

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Part 6: Appeals

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Part 6: Appeals

PDF, 126 KB, 4 pages

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Part 7: Courts and civil proceedings

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Part 7: Courts and civil proceedings

PDF, 382 KB, 31 pages

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Details

This guide covers all aspects of Housing Benefit overpayments, including:

• what is an overpayment
• classification and recovery of overpayments
• calculating overpayments
• recovering overpayments
• decision notices
• appeals
• courts and civil proceedings
• the legal requirements

This guidance is not intended to be an authoritative statement of the law. The law is set out in the:

• Social Security Contributions and Benefits Act 1992
• Social Security Administration Act 1992, as amended
• regulations and orders made under those acts

Good practice guide

There is also a good practice guide for local authority staff on recovering Housing Benefit overpayments.