Hi - I work as an adviser for a Housing Association across three local authority areas. One area inappropriately approaches us for HB overpayment recovery whatever the scenario - and I suspect we have been repaying inappropriately on a number of occasions. We now ask them to review the decision that recovery can be made from landlord but hear nothing back - although I suspect invoices may appear in the future if recovery from the tenant fails (and just get paid when our admin procedures don't pick up on them - something we're working on). We have had joint meetings but despite assurances practice hasn't changed. Basically they have not updated their decision-making taking into account 2006 changes. Any suggestions about how to work with this local authority to help change practice? (There are other issues about decision-making that we challenge on a case by case basis and often take months to sort out). Thanks Liz

Tue 12-Jan-10 10:55 AM by Kevin D

Depending on how amicable communications are, perhaps the time has come to make a formal complaint - with a copy to the LA's Chief Executive and, separately, the LA's Monitoring Officer. If that achieves nothing, or merely lip-service, LGO....

Ultimately, if recovery is still made from you contrary to the law, legal action seeking restitution of monies unlawfully recovered by the LA.

It's actually in the LA's interest to get overpayments right:

1. Disputes are costly and involve staff time and legal fees having to defend and/or correct.

2. If they have been recovering by invoice without a valid overpayment decision, it is indisputably unlawful (CH/1457/2005). They should review all cases based on invoicing alone and do them all correctly. Why do LAs get themselves into such absurd and indefensible positions?

3.LAs get 40% subsidy on claimant error OPs and 100% on correct amounts. Inflating a claimant error OP increases the loss of subsidy.

4.Auditors might identify they have no legal powers to recover by invoicing without valid decisions. This could cause even bigger subsidy losses as well as staff time to unravel. You might want to alert their auditors about your experiences.

And some local government interests want to get their hands on even more of the social security system. Heaven help us.

Thanks very much both of you. I will attempt to meet with the Senior Benefits Officer and the Service Manager again and present them with these strong arguments - and if no success I do feel an official complaint coming on.
Have just spoken to a tenant who is adamant that she will not reclaim HB due to the distress caused when then presented with an overpayment decision (happened twice for large amounts). She has appealed (4 months ago) against the current decision as she believes official error (I don't know case as just now involved) - and so they invoiced us for the money! Outrageous.
Thanks again, Liz

They might have invoiced you for the money but without a single decision to the extent that the overpayments is recoverable from you as well as the claimant, there is no overpayment that can be recovered.(see R(H)6/06, CH/4062/2005,CH/3744/2006,CH/4534/2006, CH/2298/2007)

I would just stop paying any of the invoices, and appeal all of the purported decisions as on time appeals, given that you have either not been notified at all, or not been properly notified of the decisions.

For decisions which support your argument that the appeals are on time see CP/4479/2000 and CH/1129/2004.

I have done many appeals on these lines and with a high success rate. The decisions are in the majority of cases amended without going before a Tribunal.