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Top Housing Benefit & Council Tax Benefit topic #9253

Subject: "Reg 101 - reclaiming overpayment from landlord" First topic | Last topic
Lostdog
                              

Rents Team, Framework Housing Association, Nottingham
Member since
19th Jul 2005

Reg 101 - reclaiming overpayment from landlord
Tue 11-May-10 03:58 PM

Hi all

LA issued HB invoice to landlord at the end of March. Overpayment due to non-disclosure of information by claimant. Claimant reapplied for HB & signed backdate request.

Landlord did not initially appeal against decision to reclaim HB from them as awaiting backdate decision.

Backdate has now been turned down, hence overpayment outstanding. Can the landlord still appeal under reg 101 more than 1 month after the original invoice was issued? Does the appeal time begin from issue date of original invoice or from date of backdate decision?

Thanks

  

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Replies to this topic
RE: Reg 101 - reclaiming overpayment from landlord, nevip, 11th May 2010, #1
RE: Reg 101 - reclaiming overpayment from landlord, sanwyp, 11th May 2010, #2
RE: Reg 101 - reclaiming overpayment from landlord, nevip, 11th May 2010, #3
      RE: Reg 101 - reclaiming overpayment from landlord, ciaran, 12th May 2010, #4
           RE: Reg 101 - reclaiming overpayment from landlord, stainsby, 12th May 2010, #5
                RE: Reg 101 - reclaiming overpayment from landlord, Lostdog, 12th May 2010, #6
                     RE: Reg 101 - reclaiming overpayment from landlord, stainsby, 12th May 2010, #7

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Reg 101 - reclaiming overpayment from landlord
Tue 11-May-10 04:21 PM

The time limit starts to run from the date that a proper overpayment decision is issued which fully accords with the provisions of para 15 of schedule 9 of the HB regs. Until that happens the overpayment is not even recoverable.

The backdate decision and the overpayment decision are separate decisions. The first is on recoverability of benefit already (over)paid, the second on entitlement on a separate claim.

  

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sanwyp
                              

benefit advice officer, Three Rivers Housing Association, Co Durham
Member since
26th Sep 2007

RE: Reg 101 - reclaiming overpayment from landlord
Tue 11-May-10 08:16 PM

If HB has been awarded regardless of failure to secure backdating, then the HB section should recover via this route. Recovery from landlord should only be when the tenancy ends and could include transfers, or where there has been a change of circumstances which the landlord could be expected to be aware of.

If claimant has failed to inform HB and an overpayment results, then recovery action should not involve the landlord and LA should arrange repayment with claimant.

I suppose it demonstrates that landlords should check and appeal even if tenant advises of new claim and backdating request.

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Reg 101 - reclaiming overpayment from landlord
Tue 11-May-10 09:40 PM

Second para second sentece: first and second should read the other way around, of course

  

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ciaran
                              

senior overpayment officer, shepway district council kent
Member since
10th Jun 2005

RE: Reg 101 - reclaiming overpayment from landlord
Wed 12-May-10 09:28 AM

I note that the Tenant applied for backdating, but has underlying entitlement been applied to the overpayment?

Or has the Local Authority considered a revision of their original decision, if the claimant applied for backdating (which they may or may not have needed to) I assume the Local Authority now has evidence of Income etc for the period of the overpayment which means they can look at the decision again.

  

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stainsby
                              

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

RE: Reg 101 - reclaiming overpayment from landlord
Wed 12-May-10 03:54 PM

Its my bet that no proper recoverability decision was ever issued that complies with the requirements of R(H)6/06 and so its arguable that there is no overpayment that is recoverable from anyone and the clock has not started to run in relation to the time limits for an appeal by any party.

It is also arguable that the tenants application for backdating should have been treated as an application for revision of the original decision to end the award and by implication the decision that there had been an overpayment. All parties therefore now have a right of appeal against the decision as not revised.

The alleged overpayment is not recoverable from the landlord in any case because there is no evidence of any misrepresentation or failure to disclose a material fact that he was under a duty to disclose

  

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Lostdog
                              

Rents Team, Framework Housing Association, Nottingham
Member since
19th Jul 2005

RE: Reg 101 - reclaiming overpayment from landlord
Wed 12-May-10 04:10 PM

Thanks for all the replies.

Underlying entitlement is a good point, but unfortunately only covers part of the gap in rent payments. Agree it is definitely worth requesting though.

LA have now said they require letter from claimant requesting a revision, and that the info provided has opened up further info requirements - e.g. request for a further months bank statement (only 1 month provided to date), information to suggest climant has a further bank account so need statements for this, confirmation of why claimant is in receipt of WTC when he's not working. It appears WTC have continued for some time since work ended. The LA have asked for explanation and that the claimant should inform tax credits of this ASAP. Fair enough, although I feel this is somewhat of a separate issue in that HB should be assessed on whatever income was being paid at the time. Would you agree?

Added to this, claimant is on notice for non-payment of rent....

  

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stainsby
                              

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

RE: Reg 101 - reclaiming overpayment from landlord
Wed 12-May-10 04:53 PM

Wed 12-May-10 04:54 PM by stainsby

There is a 4 week WTC run on after giving up work

I would also advise that the landlord appeal the overpayment decision as not revised as I suggested earlier because he is a person affected by that decision.

If you are clear with your arguments (refer closely to the relevant Commisioners decisions) you could force the councils hand.

I agree that HB should be assessed on whatever income was being paid at the time. The matter of WTC entitlement is not within the jurisdiction of the council, and its my guess that the HB assessor is unlikely to know that much about WTC

  

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Top Housing Benefit & Council Tax Benefit topic #9253First topic | Last topic