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Top Housing Benefit & Council Tax Benefit topic #1129

Subject: "Overpayment of housing benefit, 5 years on." First topic | Last topic
Moufassa
                              

Welfare Benefits Adviser, Acton Housing Association, London
Member since
22nd Jan 2004

Overpayment of housing benefit, 5 years on.
Mon 24-Jan-05 02:25 PM

We have received an O/P decision in Dec. 04 for tnt failing to notify LA that JSA ceased sometime in 2000. The LA notified the tnt in 2000 about the O/P, did not notify the LLord. The tnt sought advice from an outside agency to appeal against the decision. It appears that was never concluded.

We have now received a notice seeking to recover the same O/P which the LA had decided to recover from the tenant in 2000 but has so far failed to do so.

Is this a case of double jeopardy?

  

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Replies to this topic
RE: Overpayment of housing benefit, 5 years on., stainsby, 24th Jan 2005, #1
RE: Overpayment of housing benefit, 5 years on., HBSpecialists, 25th Jan 2005, #2
      RE: Overpayment of housing benefit, 5 years on., Moufassa, 25th Jan 2005, #3

stainsby
                              

Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since
22nd Jan 2004

RE: Overpayment of housing benefit, 5 years on.
Mon 24-Jan-05 02:33 PM

Double jeopardy maybe but also double appeal rights

I would say use them, and you might also have an additional HRA argument under Article 6 (Right to a Fair Hearing in a Resonable Time)

  

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HBSpecialists
                              

Independent Housing Benefit Trainer/Appeals & Pres, HBSpecialists London
Member since
23rd Apr 2004

RE: Overpayment of housing benefit, 5 years on.
Tue 25-Jan-05 02:56 PM

Hay, I have just finished a submission with a now 5 year o/p on this same topic, and in all probability, with regard to the same LA...

Have a read of R(IS) 2/04 (available from the commissioners site), about unreasonable delays...

  

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Moufassa
                              

Welfare Benefits Adviser, Acton Housing Association, London
Member since
22nd Jan 2004

RE: Overpayment of housing benefit, 5 years on.
Tue 25-Jan-05 03:07 PM

Thanks

  

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Top Housing Benefit & Council Tax Benefit topic #1129First topic | Last topic