Overpaid tax credits are still income for Housing and Council Tax Benefit purposes

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November 2006

The Department for Work and Pensions has issued guidance to local authority housing benefit departments in relation to a commissioner's decision regarding tax credits that have been overpaid but still taken into account as income when calculating Housing Benefit and Council Tax Benefit.

The Commissioner's decision stated that, in line with regulations, tax credit payments received are to be taken into account as income, even if they are overpaid and to be recovered. See CH/1450/2005 and HB/CTB guidance Bulletin G6/2006.

Note: When a claimant is repaying a tax credit overpayment, they may be entitled to a higher amount of Housing Benefit and Council Tax Benefit because their income has decreased.

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