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Potential overpayment for housing
- JohnMc59
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1 day 22 hours ago #315548 by JohnMc59
Potential overpayment for housing was created by JohnMc59
Hi all,
I am on Universal Credit, and was awarded LCWRA in mid-June this year. I moved into a privately rented flat on 27/05/2026 and for May, my UC statement showed I was to receive £550 in housing support (my LHA rate). However, in June, July and August, I have not received 550, but my full, contractual rent amount at £820. When my first statement showed this amount in June, making my full UC payment £270 more, I queried it on my journal, asking for an explanation for that amount.
They told me this:
"I have been informed this applied to your 01/05/2026 - 31/-5/2026 assessment period due to the "effective from" date of your housing verification being 27/05/2026, meaning the LHA had been applied correctly for that statement. Going forward your full reported housing costs should be paid like how they were on your 01/06/2026 - 30/06/2026 statement."
To me, to be paid my "full reported housing costs" is at odds with how LHA works. But I took their explanation and relied on it being accurate. However, as a few months have passed, the £820 figure is still being paid rather than the LHA rate, and I'm increasingly uncomfortable with this not matching my understanding of how the housing element of UC functions. I'm becoming concerned that I am accruing debt the DWP will eventually ask me to pay back.
Is there any explanation for why they would be covering my full, contractual rent rather than just giving me the LHA? My assessment is that this is an error, but I am curious as to my legal standing should they ask for repayment, considering their potential maladministration is impacting my health, is blatantly not my fault, and I have now queried the amount twice (once 23/07 and again yesterday 08/09).
Would appreciate any help and/or shared bewilderment about all of this. Many thanks!
I am on Universal Credit, and was awarded LCWRA in mid-June this year. I moved into a privately rented flat on 27/05/2026 and for May, my UC statement showed I was to receive £550 in housing support (my LHA rate). However, in June, July and August, I have not received 550, but my full, contractual rent amount at £820. When my first statement showed this amount in June, making my full UC payment £270 more, I queried it on my journal, asking for an explanation for that amount.
They told me this:
"I have been informed this applied to your 01/05/2026 - 31/-5/2026 assessment period due to the "effective from" date of your housing verification being 27/05/2026, meaning the LHA had been applied correctly for that statement. Going forward your full reported housing costs should be paid like how they were on your 01/06/2026 - 30/06/2026 statement."
To me, to be paid my "full reported housing costs" is at odds with how LHA works. But I took their explanation and relied on it being accurate. However, as a few months have passed, the £820 figure is still being paid rather than the LHA rate, and I'm increasingly uncomfortable with this not matching my understanding of how the housing element of UC functions. I'm becoming concerned that I am accruing debt the DWP will eventually ask me to pay back.
Is there any explanation for why they would be covering my full, contractual rent rather than just giving me the LHA? My assessment is that this is an error, but I am curious as to my legal standing should they ask for repayment, considering their potential maladministration is impacting my health, is blatantly not my fault, and I have now queried the amount twice (once 23/07 and again yesterday 08/09).
Would appreciate any help and/or shared bewilderment about all of this. Many thanks!
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- David
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2 hours 17 minutes ago #315586 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Potential overpayment for housing
Hi JohnMc59
Have you used a Benefits calculator such as Entitledto.co.uk to endorse this apparent LHA discrepancy. You could also contact Citizens Advice by phone or webchat as they have their own Benefits calculators.
If as it appears there is a UC overpayment it is almost always recovered from the claimant though the DWP do have the discretion not to. Here is a summary of the policy from Shelter :-
"When the DWP can recover an overpayment
The DWP can recover all universal credit overpayments regardless of the reasons they arose.[8] It is DWP policy to recover all debt where it is reasonable and cost effective to do so.[9]
DWP guidance states that when a claimant is experiencing severe hardship or ill health because of the repayments, it can consider whether to:[10]
temporarily suspend recovery
reduce the recovery rate
write off or waive the debt
Applications to waive recovery
The DWP has discretion to choose not to recover an overpayment, though it is rare for it to exercise this discretion. DWP policy is to only grant a waiver in exceptional circumstances, where there are specific and compelling grounds to do so.
Applying for a waiver can be done through the online journal or contacting and writing a letter to the DWP's Debt Management. Guidance on how to apply for a waiver is contained in chapter 8 of the DWP Benefit Overpayment Recovery Guide on Gov.uk.
The claimant can ask for a reconsideration of a decision not to waive recovery. They do not have a right to appeal to the tribunal.[11] Some decisions can be challenged by judicial review.
There is no exhaustive list of all circumstances the DWP can consider when deciding whether to waive recovery. Paragraph 8.6 of the Overpayment Recovery Guide provides some examples.[12] Examples include:
the debtor’s circumstances and those of their household
whether the debtor still has the money and what they did with it
DWP conduct
the debtor's conduct
whether there was any misrepresentation or fraud
any other factor which appears relevant to the decision maker, or which indicates recovery would not be in the public interest".
Let us know how you get on.
David
Have you used a Benefits calculator such as Entitledto.co.uk to endorse this apparent LHA discrepancy. You could also contact Citizens Advice by phone or webchat as they have their own Benefits calculators.
If as it appears there is a UC overpayment it is almost always recovered from the claimant though the DWP do have the discretion not to. Here is a summary of the policy from Shelter :-
"When the DWP can recover an overpayment
The DWP can recover all universal credit overpayments regardless of the reasons they arose.[8] It is DWP policy to recover all debt where it is reasonable and cost effective to do so.[9]
DWP guidance states that when a claimant is experiencing severe hardship or ill health because of the repayments, it can consider whether to:[10]
temporarily suspend recovery
reduce the recovery rate
write off or waive the debt
Applications to waive recovery
The DWP has discretion to choose not to recover an overpayment, though it is rare for it to exercise this discretion. DWP policy is to only grant a waiver in exceptional circumstances, where there are specific and compelling grounds to do so.
Applying for a waiver can be done through the online journal or contacting and writing a letter to the DWP's Debt Management. Guidance on how to apply for a waiver is contained in chapter 8 of the DWP Benefit Overpayment Recovery Guide on Gov.uk.
The claimant can ask for a reconsideration of a decision not to waive recovery. They do not have a right to appeal to the tribunal.[11] Some decisions can be challenged by judicial review.
There is no exhaustive list of all circumstances the DWP can consider when deciding whether to waive recovery. Paragraph 8.6 of the Overpayment Recovery Guide provides some examples.[12] Examples include:
the debtor’s circumstances and those of their household
whether the debtor still has the money and what they did with it
DWP conduct
the debtor's conduct
whether there was any misrepresentation or fraud
any other factor which appears relevant to the decision maker, or which indicates recovery would not be in the public interest".
Let us know how you get on.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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