Recovery of overpayment pending appeal- Ombudsmand reports

Hi

Does anyone have handy links to the ombudsman reports which say that it is maladministration to recover pending appeal?

I was sure it was also in the HB Guidance Manual but that is not accessible at present due to DWP webiste reorganisation.

Thanks.

Martin

hi mart - have you come across the ‘complaint outcomes search’ & ‘digest of cases’ @

http://www.lgo.org.uk/complaint-outcomes/
http://www.lgo.org.uk/publications/digest-of-cases/

have had a quick look but can only find a couple that relate to pursuant of rent arrears / eviction pending a benefit appeal ... so not sure if quite what you’re looking for?

http://www.lgo.org.uk/complaint-outcomes/benefits-and-tax/benefits-and-tax-archive-2005-to-date/northampton-borough-council-05b16773/
http://www.lgo.org.uk/complaint-outcomes/benefits-and-tax/benefits-and-tax-archive-2005-to-date/luton-borough-council-07b10865/

cheers - shawn

http://www.dwp.gov.uk/local-authority-staff/housing-benefit/claims-processing/operational-manuals/housing-benefit-guidance/

Still there

ps.  The HB Overpayment FAQs includes

Q. A claimant has disputed an overpayment and the appeal has yet to be heard - can the disputed amount be classed as an overpayment or should it be discounted until a decision has been made?

A. Such overpayments pending appeal should be included as overpayments outstanding

which seems to point to non-recovery pending the result.

I know you are referring to an overpayment of HB, albeit this decision relates to excess CTB and ctax recovery, I would think the same principle applies.

See CH/1757/2009

In this UT decision the judge says

“CM produced to me copies of formal warnings she had received about actions by bailiffs and possession proceedings because of the non-payment by her of outstanding council tax together with charges incurred because she had not paid. On the papers before me this appeared to relate in large part to the decision by the Council that she was not entitled to council tax benefit. That decision has been under appeal for longer than usual, but nonetheless remains under appeal. I therefore directed, as a matter of priority over other business, that the decision of the Bexleyheath tribunal, confirming the decision of the Council, about CM’s council tax benefit was to be suspended. That was served on the Council, on the officer who represented the Council before me, and on the bailiffs who issued the notices to CM. It is clearly not appropriate that the Council should, either directly or through any agent, take action to enforce a decision that is still under appeal. That is wrong both in principle and because of the added charges that tend to arise when enforcement is resisted”.

As far as I can see, there is nothing clear in statute that stops recovery but it is clearly “wrong” whilst a legal dispute is being actively pursued. Both the Tribunal Service and the Ombudsman are clear on this. Hope it’s of use.