Could someone give me an update on the current situation with regard to overpayment recovery - I know there was caselaw on this in the past and then Reg 101 changed in 2006.

Is this a discretionary matter or does it carry a right of appeal? Eg even if you accept that an overpayment is recoverable you still pursue an appeal to argue that the overpayment should be recovered from the landlord rather than the claimant?

I seem to remember something about LA's being advised to state in their submissions that it is recoverable from both ( which is the case in my appeal ) - then if the appeal is successful they can go after either with no further challenge.

Is this correct or can a Tribunal detrmine from whom recovery should be sought?

Thanks!

The CD in question is R(H) 6/06.

There are two distinct and very separate issues:

1) is the overpayment recoverable and, if so, from which party(ies)?

2) if the overpayment is recoverable from one or more parties, who should actual recovery be sought from?


The first part is entirely open to appeal - by all persons affected. All such parties that the LA consider the o/p to be recoverable from should be fully and properly notified (with full rights etc). It's not just the submission that should address this; all parties MUST be notified of the decision.

The second part is outside the jurisdiction of a Tribunal - it a matter of discretion for the LA and if any reference is made to this in a submission it should only be to the extent of (politely) reminding the Tribunal that the issue of actual recovery is not before it.

Thanks Kevin . Just to clarify - the issue of from whom recoverability should be sort is part of the appeal and is not a discretionary matter outside the jurisdiction of the appeal?

In my case their are no grounds for defending recoverability - the only issue could be from whom it should be sought. Should I continue with the appeal purely on the grounds that the landlord should repay rather than the client?

Thanks

Fri 26-Sep-08 08:59 AM by shawn

(Edited to fix underlining)

If the overpayment is recoverable from both the clmt AND the L/L, the LA can choose which party from whom recovery is sought and there is no right of appeal to a Tribunal.

If a "target" for recovery considers that the LA has exercised its discretion unfairly as to who the o/p is being recovered from, that *may* provide a basis on which to seek a Judicial Review.