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Forum Home  →  Discussion  →  Housing costs  →  Thread

Offsetting an HB overpayment from arrears due to somebody else

Dan Manville
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Greater Manchester Law Centre

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Total Posts: 458

Joined: 22 January 2020

Two joint tenants, 1 & 2.

1 has a sizable overpayment which, at the time this happened, had not been challenged, although it has now. It was within the deadline to challenge the overpayment though, which rankles.

The council concerned decided to offset arrears due to 2 against the overpayment made to 1.

I can’t see any provision in S75 SSAA 1992 for them to do that. I suspect it is norty and worthy of a complaint to The Authorities as it’s likely to be a widespread practice in that LA’s area, if not others.

Thoughts?

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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They could only do that if:

- the overpayment to JT1 was recoverable from the landlord, and
- the arrears of HB for JT2 were due to be paid to the same landlord

Clawing back JT2’s arrears would be a method of recovering JT1’s overpayment from the landlord - often referred to as “blameless tenant”.

Or:

- JT1’s overpayment was recoverable from JT2 because JT2 caused it by actively misrepresenting the facts on behalf of JT1

Otherwise, they cannot do it.  Authorities often try to pull this stunt with separated couples but the law just doesn’t allow it.