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Forum Home  →  Discussion  →  Housing costs  →  Thread

Housing Benefit Overpayment

Am
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WRO, Wythenshawe Community Housing, Manchester

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Total Posts: 6

Joined: 16 June 2010

In October 2007 the rent officer noticed that an account had a large ammount of Credit. I contacted the LA and was told that there was an outstaing overpayment and deductions were in place.

June 2009 i recieved a letter from the overpayments section at the LA stating that a letter had been sent to rent officer June 2007 confirming that there were two overpayments and that WPHT were being held liable for one as we had been paid twice. I then sent an email requesting information on both overpayments.

August 09 i recieved an email from the overpayments officer who stated that she would get back to me.
June 2010 I recieved an email detailing the duplicate payments that WPHT had recieved.  I think the information took so long to obatin as the LA changed computer system in 2006. Having checked and re checked we have been paid twice so i have to refund?

The rent officer has spoken to tenant who seems to be ok with the refund taking place. He has contacted the Local Authority who have informed him he can appeal. I am in the process of contacting the LA to make sure that the overpayment they are holding WPHT liable for is not the same as the one that was being deducted from tenants benefit.

Questions
If there are two seperate overpayments is there anything i can challenge on the overpayment for WPHT and
on what grounds can the tenant appeal?

My head hurts!

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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Total Posts: 613

Joined: 17 June 2010

R(H)6/06 requires that a single recoverability decision is issued to all the parties from whom an overpayment is held to be recoverable.  If an overpayment is held to be not recoverable from a payee, a decision must be made to that effect.

What the Commissioners held in R(H)6/06 is a statement of the law as it always has ben, i.e. it is retrospective.  If the requirements of R(H)6/06 have not been complied with, there is no overpayment that is recoverable from anyone (see my other recent posts re overpayments)

If you are that much in the dark about what overpayments have occurred and who they are recoverable from, its my guess that the Council have not come anywhere near complying with the requirements