stainsby
Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since 22nd Jan 2004
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RE: Recovery of HB overpayment from surviving partner's benefit.
Fri 24-Jul-09 12:18 PM |
The 2009 amendments now mean that overpaid HB is not recoverable as such from a claimants partner (amended Reg 101), but is can be recovered via a partners onging benefit. (amended Reg 102)
The couple must be partners both at the time the overpayments were paid and at the time of any recovery I have reproduced the relevant amendments below: (ref SI 2008 no 2834)
(2) In regulation 101 (person from whom recovery may be sought)— (a) for paragraph (2)(b) substitute— “(2) For the purposes of section 75(3)(b) of the Administration Act (recovery from such other person, as well as or instead of the person to whom the overpayment was made), where recovery of an overpayment is sought by a relevant authority— (a) subject to paragraph (1) and where sub-paragraph (b) or (c) does not apply, the overpayment is recoverable from the claimant as well as the person to whom the payment was made, if different; (b) in a case where an overpayment arose in consequence of a misrepresentation of or a failure to disclose a material fact (in either case, whether fraudulently or otherwise) by or on behalf of the claimant, or by or on behalf of any person to whom the payment was made, the overpayment is only recoverable from any person who misrepresented or failed to disclose that material fact instead of, if different, the person to whom the payment was made; or (c) in a case where an overpayment arose in consequence of an official error where the claimant, or a person acting on the claimant’s behalf, or any person to whom the payment was paid, or any person acting on their behalf, could reasonably have been expected, at the time of receipt of the payment or of any notice relating to that payment, to realise that it was an overpayment, the overpayment is only recoverable from any such person instead of, if different, the person to whom the payment was made.”; (b) in paragraph (3A)(c) ofor “paragraph (2)(a)(ii)” substitute “paragraph (2)(c)”; and (c) omit paragraph (4)(d).
(3) In regulation 102(e) (method of recovery)— (a) in paragraph (1) for “regulation 105” substitute “regulation 105(1)”; (b) after paragraph (1) insert— “(1ZA) Where an overpayment is recoverable from a claimant who has one or more partners, a relevant authority may recover the overpayment by deduction from any housing benefit payable to the claimant’s partner, or where it is unable to do so, may request the Secretary of State to recover any recoverable overpayment from the benefits prescribed in regulation 105(1B) (recovery of overpayments from prescribed benefits), provided that the claimant and that partner were a couple both at the time of the overpayment and when the deduction is made.”;
The LA will no longer be able to invoice a claimants partner simply because overpayments are not recoverable from a partner, still less from a former partner
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