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Housing Benefit overpayments

Updated 12 September 2026 Figures re-checked 1 November 2026
The short answer

Any overpayment is recoverable except one caused by official error where you could not reasonably have been expected to realise you were being overpaid. Recovery from ongoing Housing Benefit is capped at £14.40 a week, or £24 after a fraud finding. You have one calendar month to dispute the decision, and a right of appeal to a tribunal.

The letter says you were overpaid for fourteen months and the council wants it back at so much a week. Three questions decide what happens next, and they are separate. Is it recoverable at all? How much a week can they take? And have you disputed it inside the month? The answers are in the regulations and the DWP’s own guide to councils.

Which overpayments are recoverable

The Housing Benefit Regulations say any overpayment, except one to which the next paragraph applies, shall be recoverable. The exception is an overpayment which arose from official error, where the claimant could not reasonably have been expected to realise, at the time of the payment or of any notice about it, that it was an overpayment.

That is regulation 100 (Housing Benefit Regulations 2006, regulation 100, checked 1 November 2026).

Both halves must hold. The error must be the council’s, the DWP’s or HMRC’s, not caused by you, and you must not reasonably have been able to spot it. The DWP’s guide to councils puts the second test in plain words: could the claimant reasonably have been expected to realise they were being overpaid, either at the time of the payment or from any notice about it (Housing Benefit overpayments guide, part 2, checked 1 November 2026).

Where late reporting leaves you

An overpayment that followed a change you did not report is recoverable, because the error was not the council’s. GOV.UK lists the changes you must report, including changes in income and savings, anyone moving in or out, moving house, and going into hospital or a care home (GOV.UK, Housing Benefit: report a change of circumstances, checked 1 November 2026). Our Housing Benefit hub covers each.

The pension-age rules soften one case. When a non-dependant moves in or their income rises, the deduction takes effect 26 weeks after the change, so a late report of that change produces a smaller overpayment than the calendar suggests. Our non-dependant deductions page has the rule and its source.

How much a week they can take

Recovery from ongoing Housing Benefit is capped. For 2026/27 the maximum weekly deduction is £14.40 for an ordinary overpayment and £24.00 where the overpayment followed a finding of fraud (Benefit and pension rates 2026 to 2027, checked 1 November 2026). The council can add to that where you have earnings or certain other income, within limits the regulations set.

If the claim has ended, recovery is by invoice, or from other benefits. The regulations prescribe the benefits an overpayment can be taken from, and the list is any benefit except guardian’s allowance, naming State Pension Credit and Universal Credit among them (regulation 105, checked 1 November 2026). A pensioner whose Housing Benefit has stopped can see the deduction appear on Pension Credit instead.

How long they have

The DWP’s guide says a council in England or Wales may pursue the debt in the County Court, but such action must be brought within six years under the Limitation Act 1980. The Act does not apply to recovery other than by court action (Housing Benefit overpayments guide, part 7, checked 1 November 2026).

So the six years is a limit on suing, not on deducting. An overpayment from a decade ago can still be taken from ongoing benefit. What the passage of time does give you is a question to ask: why the council did not act sooner, and whether its own delay is part of the error.

The month to dispute it

The DWP’s guide says the person affected has one calendar month in which to dispute the decision, and may ask for it to be reconsidered or appeal against it immediately, with a right of appeal to the First-tier Tribunal (Housing Benefit overpayments guide, part 6, checked 1 November 2026). The tribunal is independent of the council.

Ask in writing for a statement of how the overpayment was calculated, the period it covers, and which change of circumstances the council says caused it. An overpayment calculated on the wrong income, or over the wrong dates, is disputed on the figures. One caused by the council’s own delay after you reported a change is disputed under regulation 100. Both go in the same letter, inside the month.

Asking for it to be waived

Whether an overpayment is recoverable and whether the council chooses to recover it are two decisions. Once an overpayment is recoverable the council has a discretion, and a request not to recover, or to recover more slowly, is made on hardship, ill health, and the council’s part in the delay.

A council deciding a weekly rate can take the household’s circumstances into account, and a pensioner’s income is fixed, so what £14.40 a week leaves is relevant to the decision.

If the reason for the overpayment was savings, our savings limit page explains what should have counted. If it was a move into a care home, the 13-week and 52-week rules on the hub decide the date entitlement ended, and the overpayment runs from there, not from the day you left.

Common questions

Do I have to pay back a Housing Benefit overpayment?

Usually. The Housing Benefit Regulations say any overpayment is recoverable, with one exception: an overpayment that arose from official error, where you could not reasonably have been expected to realise at the time that it was an overpayment. If you reported every change on time and the council still paid too much, that exception is the argument to make.

What counts as official error?

A mistake by the council, the DWP or HMRC that you did not cause or contribute to. The DWP's overpayments guide frames the second test as whether the claimant could reasonably have been expected to realise they were being overpaid, at the time of the payment or of any notice about it.

How much can they take off my Housing Benefit each week?

For 2026/27 the maximum deduction from ongoing Housing Benefit is £14.40 a week for an ordinary overpayment and £24 a week where the overpayment followed a fraud finding. Recovery can also be made from other benefits, including Pension Credit and the State Pension, or by an invoice if the claim has ended. The council chooses the method.

Can the council chase an old overpayment?

The DWP's guide says court action must be brought within six years under the Limitation Act, and that the Act does not apply to recovery other than by court action. So an old overpayment can still be taken from ongoing benefit, but a council suing for it more than six years on has a time-limit defence to answer.

How do I challenge an overpayment decision?

Within one calendar month of the decision notice. The DWP's guide says the person affected has one month to dispute it, and may ask for the decision to be reconsidered or appeal immediately. Ask for a written statement of how the overpayment was calculated and the period it covers. An appeal goes to the First-tier Tribunal.

Can an overpayment be written off?

The council can decide not to recover, and the DWP guide treats the decision to recover as discretionary once an overpayment is recoverable. Hardship, ill health and the council's own delay are the grounds to put in writing. Asking for recovery to be waived is separate from disputing whether the overpayment exists, and both can be done at once.

What to read next

Housing Benefit change of address: when it starts at the new address, when you need a new claim, and what to do if it stopped
Moving within your council carries your Housing Benefit claim to the new address as a change of circumstances. Moving to a different council area ends that claim and needs a new one there. Benefit at the new address starts on the day you move, and there are limited rules for keeping two homes going.
The bedroom tax and pension age: why pension-age claimants are exempt, the mixed-age couple exception, and the extra bedroom rules
The bedroom tax cuts help with rent by 14% for one spare bedroom and 25% for two or more, in council and housing association homes. It is set in the working-age Housing Benefit rules, so people claiming pension-age Housing Benefit are outside it. Mixed-age couples who claim after 15 May 2019 usually claim Universal Credit instead. Extra bedrooms are allowed for an overnight carer and a disabled partner or child who cannot share.
Housing Benefit over State Pension age: who still claims it, how it is worked out, and the rules that are kinder than you think
If you have reached State Pension age and rent your home, Housing Benefit is still yours to claim; Universal Credit is for people under it. The pension-age rules disregard the first £10,000 of savings, backdate a claim three months automatically, and carry no bedroom tax. What you get, how to claim, and what changes you must report.
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