APA PAID INCORRECTLY

We have a scenario were an APA has been granted however following our initial payment the subsequents months payment was wrongly paid to the tenant , DWP advise we now must chase tenant for wayward payment ? Is anyone aware of any redress from DWP , can’t find anything in the regs .

We are now pending APA to re continue ?

Any advice welcome on similar scenario

Can’t see how you can expect any redress from DWP. Just a warning for us all not to depend on APAs. We had 3 months paid with two now being reviewed and no payment until it is. Still waiting on. 3rd party payments for same period, promised to be released 13th August now unlikely.

Hi Colin,

Has the tenant spent the rent money (wrong routed to them post APA set up) on other matters, thereby incurring rent arrears? I would guess that the DWP would respond to any compensation bid by saying claimant has in effect been paid what they are due, and that APAs are all Secretary of State discretion anyway, and to go away etc.

I have few qualifications outside of my CSE in woodwork, but some contributors to this website display more formal legal training, and may be able to say if the principles of ‘Estoppel’  might help. Your client might be able to argue that by reasonably relying on the DWP assurance of an APA, they have now been disadvantaged (by innocently misspending money they thought was for non-rent needs). All very thin I am sure, but maybe the ombudsperson (possibly legally trained, with wistful memories of Estoppel) might warm to such a suggestion, to the advantage of your client.

Steve

Hi Steve , certainly some food for thought we will challenge all instances of this and will certainly find out its effect ? Watch this space , any success will be fed back to the forum.

Thanks

Colin