I have a client whose husband claimed Hb ctb in 2003. It emerged later that he had not declared his own OCC pen leading to an overpayment of £434..47. He has now gone into a care home (1/11/07) . His wife has claimed in her name and the local authority have transferred the overpayment to her she has £1632.52 still oustanding. Is the overpayment still recoverable from his wife. His wife was unaware that there had been an obverpayment until the LA contacted her on 21/12/07 to say the OP was recoverable from her.

Last post should read original overpayment of £4034.47.

Have a look at the item below - It sounds very much like your query does it not ........you can find it in the Briefcase section.....

CH/3622/2006
Whether overpayment recoverable from claimant's partner
In this decision, Commissioner Howell holds that, despite the claimant's wife having been the cause of an overpayment of housing benefit and council tax benefit, whilst she had countersigned the claim form this did not mean that any amount was legally recoverable from her -

'I reject the argument still maintained by the council ... that the effect of either its own decision ... or that of the tribunal ... was to impose liability for the overpayment on the claimant's wife because, in its words, 'During the relevant period the claim has always been a joint claim'.

... Even though each claim form he signed ... was also countersigned by his wife, it is plain from the forms themselves that in none of the ones relating to these periods did she purport to sign as the 'person claiming'; the claimant, and the person required to countersign as partner, being clearly differentiated.

In addition, and with reference to CH/3817/2004 and regulation 71(1) of the Housing Benefit (General) Regulations and regulation 61(1) of the Council Tax Benefit (General) Regulations, the commissioner holds that -

'... there cannot be any such thing as a 'joint claim' by a couple in this context anyway, as the regulations clearly require any claim for housing or council tax benefit to be made by just one of them, it being up to them to choose which.'

Decision in full CH/3622/2006
Commissioner Howell
Date of decision October 10, 2007

I am not certain when the overpayment was decided, if it was decided under the 1987 regs before amendment, the regs then read as follows;

Reg 101(2)(b) - Person from whom recovery may be sought

"in a case where a recoverable overpayment is made to a claimant who has one or more partners, the claimant's partner or any of his partners;"

Which suggests that a recovery decision taken under the regs as they stood could have been made against the partner. However, the partner would have been a person affected and should have recieved notification and appeal rights against the decision.

Also, recovery by ongoing entitlement from a partner can only be undertaken if the claimant and partner are together at the time of the overpayment and the time of recovery. Recovery from a partner after the claimant no longer lives with them can only really be persued by invoice.