I have a client who had a HB overpayment decision after her IS stopped and her benefit period brought to an end. Appealed against both decisions and a new decision was made that she was entitled to benefit for the period. However instead of revising the overpayment they just paid all the 'new' benefit into her rent account so that they had then paid her twice for the same period. This came to light when they later tried to recover the overpayment. They accept that the original OP decision should have been revised but have just snatched back the second overpayment by "3rd party deduction" without notifying a decision or considering possible recoverability. They claim that the usual overpayment rules do not apply in this case.

Are they right?

sounds like a nasty cock-up!

you might find the (un)Common Law recovery thread useful, on the Decision Making and Appeals forum.

not sure i've understood your scenario correctly...
are you saying her landlord has received her housing benefit twice and it's being recovered by compulsory deductions from her benefit?

do tell -is the landlord the city council, by any chance? : )

jj

It is a funny business!

The landlord was paid twice and it seems the authority (I deal with 3 and I'm not saying which one!) hadn't noticed. The landlord is a housing association and it seems they clocked the error and rang the authority to ask them to take the money back which they did by '3rd party deduction'.

The authority initially said there were special rules applied because it was a 'duplicate payment' but I searched and couldn't find any special rules and they can't tell me any so as far as I can tell the rules governing it are in sec 75 and reg 99. They are still reluctant to believe it is an overpayment but have agreed to look at it and get back to me.

I am a bit confused by the common law recovery thing. I don't think it applies here because they have not gone to court but it seems an odd thing if legislation restricts when recovery can be made but this is of no effect because they can always go to court under common law.

i'm a bit confused about what your client's problem is...

are the LA getting the money back from the landlord, who has been paid HB twice, or from the claimant, who doesn't owe the LA anything?

jj