We currently have some supported accomodation units for which water charges are included in the rent composition. Non of the tenants have a sink in their individual bedroom, they share the kitchen toilet and bathroom facilities. They do not have any individual water bills. The local authority for some reason are paying the water charges for some properties in the housing benefit payments we receive but not for some others. I am not sure if there are any exceptional circumstances provided for by regulations which compels them to make such payments. I am trying to advert any further overpayments if thats the case or seeking to recover any shortfall that we may be due.

Reg 10(3)(b)(i) excludes all water charges from HB, and Reg 10(3)(6)(b) determines how the charge is to be appotioned. (ie the area occupied by the claimant is divided by the area of the self contained unit to give the fraction of the whole water charge)

Reg 3(b) of the Discretionary Financial Assistance Regs 2001 excludes water charges from DHP's.

I can only assume that some assessors have been confusing water charges with service charges to be determined under Sch 1 of the Regs.

Payemnts of HB to cover water charges so far should be considered to be official error overpayments and probably not recoverble

Stainsby is being kind to the benefit assessors' of the LA that I guess that you are referring to (judging by the location of your HA), (you should read their Bfi report for how NOT to administer HB). As someone with intimate experience of that LA, I know that training is almost non-existent, and the assessors are very pressured. Quantity not quality is what goes... that is why some of your cases are being paid with water rates, and some not.

If however you write to the LA concerned, (even if it is not the one you have most dealings with), and tell them about this mistake, not only will it be official (LA) error, but they will not be able to recover the overpayment from you, (even where you have been receiving the HB directly, and even if you signed one of those "I agree to re-pay any overpayment" letters that the LA uses), as per reg 101 (1) (b) (the 'blameless landlord' reg). This reg also carries the right of appeal to a Tribunal.

In addition, as any overpayment is covered by reg 99 (2) (official error overpayments), there is no way that any 'reasonable' person claiming benefit could have such an intimate knowledge of reg 10, and so the LA will not be able to recover the overpayments from the tenants as they could not sensibly argue that the benefit claimant's "could reasonably have been expected to know of the overpayment" as these overpayments are clearly LA error (so long as they had the breakdown of the rental amounts showing the water charge).

Hello

although would agree that these o/ps would be classed as LA error (If the water charges are clearly shown in the rent breakdown) I would not agree that they are unrecoverable.
We would argue that the Landlord (if they are receiving the HB direct) should have realised that they were receiving too much HB.

This being the case then the tenants rent acc should be in credit as presumably they are paying the ineligible part of their rent to the Landlord!

I agree with caro - whilst reg 101(1)(b) is obviously relevant, so is reg 101(1)(d)(ii) and cannot be ignored. I would expect ANY HA to know that part of the rent which is eligible and that part which is not, and that they collect that part which is not eligible.

I accept that this is contentious but if the contractual rent is not enforced because service charges (for services actually delivered) are not collected, then I think it possible for the LA to argue that the contractual rent has been reduced.

eg rent = £60.00 includes £2.50 WR but landlord accepts the £57.50 HB paid as rent payment in full, the HB falls to be recalculated at £55.00 and so on.