Hi

I'm appealing a HB overpayment decision, and need some caselaw about recoverability. I want to argue that not all of an overpayment is recoverable from a landlord, as they did not become aware of a change of circs until well into the overpayment period. The claimant knew of the change but did not disclose at all, the landlord made a late disclosure. Landlord is happy to accept liability from when became they became aware.

I'm sure I've read some caselaw relating to this, but I can't find it at the moment.

Thanks

JK

And does anyone have a copy of

Warwick District Council v Freeman

thanks

Kate

Hi
try looking at Hb/CTB circular A13/2006 which deals with recovery of overpayments from landlords Reg 101(2)(a)(i) (paragraph 57)

the commissioners decision is CH/4234/04

Hope this helps

Alan

When was the overpayment decision made?

The Regs re recoverability have changed over the years , and it will be the Regs in force at the time the decision was mde that are relevant, not the regs in force at the time the benefit was awarded or paid (CH/3160/2007)

CH/4234/2004 has now been reported as R(H)6/06, and there have been a number of subsequent decisiions which confirm that there is no overpayment that can be recovered in the absence of the single recoverability decision following R(H)6/06 (see for example CH/4356/2006)

The decision was made in 2009, so its the amended 2006 regs that are relevant - which make it pretty clear that an overpayment should be recovered from the person that failed to disclose.

The LA has quoted Freeman which I know is a 1994 decision, but I wanted to check whether it was still relevant.

I haven't used the single recoverability decision argument on this case yet - but is definately one I could pursue.

Thanks

JK

thanks to stainsby .. here's a copy of warwick v freeman

http://www.rightsnet.org.uk/pdfs/warwick_v_Freeman.pdf