stainsby
Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since 22nd Jan 2004
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RE: Housing Benefit overpayment
Mon 10-May-10 02:13 PM |
If as Findlay suggests, the provisions are ultra vires, then its does not matter whether the decision was post 1997 or not, but assuming the provision is not ultra vires, then it could make a difference if the decision was pre 1997.
Thhis is because the House of Lords held in Plewa v Chief Adjudication Officer (reported as R(P)3/95), ) that defences against recovery of an overpayment by the secretary of state could not be removed retrospectively.
This principle applies as much to HB as it does to other social security benefits, and so it is arguable that the blameless tenant route may not be lawful in respect of pre 1997 decisions.
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