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Top Housing Benefit & Council Tax Benefit topic #468

Subject: "Have the Local Authority dropped a clanger?" First topic | Last topic
Steve Lee
                              

Welfare Rights Worker, Hillingdon Law Centre, Hayes, Middlesex
Member since
22nd Jan 2004

Have the Local Authority dropped a clanger?
Thu 17-Jun-04 03:26 PM

Or am I getting my knickers in a twist about nothing?

The local council is attempting to recover a small HB overpayment from my client, and we will argue it's not recoverable.

However that aside, I've just spotted that the claimant was not my client but his wife. All the way through the process decision letters have gone to the husband and the appeal is in his name. Does this have any significance whatsoever?

Steve

  

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jmembery
                              

Benefits Manager AVDC, Aylesbury Vale DC - Aylusbury bucks
Member since
01st Mar 2004

RE: Have the Local Authority dropped a clanger?
Fri 18-Jun-04 11:35 AM

Reg 101 does give the LA powers to recover from a claimant's partner but the claimant and partner must have been part of the same household both when the overpayment was made and when it was recovered.

Also, recovery from a claimant’s partner cannot usually be made where the actual payments were made to a landlord instead of the claimant.

  

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Top Housing Benefit & Council Tax Benefit topic #468First topic | Last topic