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Top Housing Benefit & Council Tax Benefit topic #9250

Subject: "Housing Benefit overpayment" First topic | Last topic
matherj
                              

Welfare Advice Officer, Melville Housing Asscociation, Dalkeith, Midlothia
Member since
22nd Jan 2004

Housing Benefit overpayment
Mon 10-May-10 12:29 PM

My question relates to HB Reg 95, and treatment of rent arrears when an overpayment recovery is made.

Cases in question are rent allowance cases. HB Overpayments were recovered using the "blameless tenant" rule, and the overpayment amounts put into the rent accounts of the tenants with the overpayments. The overpayments therefore show as rent arrears.

Reg 95 suggests this is correct, but commentary suggests not and is ultra vires. Has there been any update on opinion?

Am right in thinking that the outcome may be different depending on whether the decision was pre or post 1997?

Thanks for any assistance

  

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stainsby
                              

Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since
22nd Jan 2004

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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Top Housing Benefit & Council Tax Benefit topic #9250First topic | Last topic