Does anyone know if there is an appeal procedure against the recovery of an overpayment of Supporting People charges?

Client was included in list of HB claimants, provided by HB dept to new SP dept when SP started. We, as landlord, were asked if they list was correct, and gave stock reply of - we do not know the financial details of all our tenants. Many people have HB paid to themsleves, not direct to landlord, so there is no way of us knowing whether the list was correct. We have no right to insist on this information from tenants.

It appears that she was one of the few people who were on partial HB at 31.03.05, but once the Support charge was taken from the rent, she was no longer entitled to HB. Local Authority now say that the SP payments were incorrect, as she wasnt on HB at 01.04.03. SP dept have recovered the money (about £800) from the schedule of SP payments for this month. Is there any right of appeal, is there anything similar to Underlying Entitlement ( in HB overpayments) that we can insist is taken into account.

Thanks

My knowledge of this area is rusty, however:

a. In the Scottish Charging Guidance, I am sure that there was some form of transitional protection for folks who were floated off HB by the SP element being removed.

b. Again in Scotland, no formal appeal procedure other than the local authority complaints procedure.

Agree with your position about exchange of information.

Suggest you check the English SP web site and get the service user to make a complaint, good luck!

Thanks for your help. Now find that cause of HB ending was not the changes to SP but undeclared capital caused overpayment of HB and client no longer being entitled, from April 02. Overpayment first notified in July 02. Have made a complaint and asked them to refund the money due to it being their mistake. I shall wait - probably a long time - and see what happens.