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Top Housing Benefit & Council Tax Benefit topic #1371

Subject: "Payment of HB" First topic | Last topic
s rogers
                              

Tenant Support Officer, Herefordshire Housing
Member since
27th Jan 2005

Payment of HB
Mon 07-Mar-05 03:39 PM

We have a situation which there are a couple of benefit advisors who are dis-agreeing about this......

We have a tenant who is NOT forwarding the Housing Benefit paid to them. can this be classed as fraud....?

thanks

  

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Replies to this topic
RE: Payment of HB, stainsby, 07th Mar 2005, #1
RE: Payment of HB, s rogers, 08th Mar 2005, #2
      RE: Payment of HB, stainsby, 08th Mar 2005, #3
           RE: Payment of HB, s rogers, 08th Mar 2005, #4
                RE: Payment of HB, stainsby, 08th Mar 2005, #5
                     RE: Payment of HB, s rogers, 08th Mar 2005, #6
                          RE: Payment of HB, keith venables, 08th Mar 2005, #7
                               RE: Payment of HB, s rogers, 09th Mar 2005, #8
                                    Payment of HB - DPP v Huskinson, HBSpecialists, 09th Mar 2005, #9
                                         RE: Payment of HB - DPP v Huskinson, shawn, 10th Mar 2005, #10

stainsby
                              

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

RE: Payment of HB
Mon 07-Mar-05 03:59 PM

The answer is no it can not be classified as fraud. This was made clear in an old case DPP v Huskinson QBD 9 May 1988. 20 HLR 562

  

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s rogers
                              

Tenant Support Officer, Herefordshire Housing
Member since
27th Jan 2005

RE: Payment of HB
Tue 08-Mar-05 09:03 AM

does anyone know where I can get a copy of the case above?

  

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stainsby
                              

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

RE: Payment of HB
Tue 08-Mar-05 09:08 AM

The reference 20 HLR 562 is to the Housing Law reports. (ie vol 20 p562)

University Law Libraries have them.

Last time I had to use them I went to the LSE, cost me £7 for a day ticket, plus photocopying at 10p per sheet

  

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s rogers
                              

Tenant Support Officer, Herefordshire Housing
Member since
27th Jan 2005

RE: Payment of HB
Tue 08-Mar-05 09:13 AM

thanks for answering....

we're not in london so i'll have to hunt it down elsewere, plus it costs less than £7 for a day ticket up here..!!!!

thanks again

  

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stainsby
                              

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

RE: Payment of HB
Tue 08-Mar-05 09:29 AM

If your tenant is on IS, Pension Credit of JSA and there are more than 4 weeks arrears, I think your remedy is to apply to the DWP for deductions from IS for the arrears. The knock on effect is that HB must then be paid directly to you.

If the tenant is not on IS and there are 8 weeks arrears why not ask the LA to pay HB direct to you

  

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s rogers
                              

Tenant Support Officer, Herefordshire Housing
Member since
27th Jan 2005

RE: Payment of HB
Tue 08-Mar-05 10:59 AM

we've just sent a letter to HB showing that the claimant is more than 8 weeks in arrears so hopefully that should be done fairly soon, the discussion was about the previous 10 weeks worth of HB.....

claimant not on IS etc so can't go down that route.....

  

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keith venables
                              

welfare rights caseworker, leicester law centre
Member since
22nd Jan 2004

RE: Payment of HB
Tue 08-Mar-05 11:54 AM

If you let me have fax number I'll fax a copy of Huskinson.

  

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s rogers
                              

Tenant Support Officer, Herefordshire Housing
Member since
27th Jan 2005

RE: Payment of HB
Wed 09-Mar-05 08:31 AM

ahhhh how great are you???????!!!!!

fax number: 01432 384194

thanks again

  

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HBSpecialists
                              

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

Payment of HB - DPP v Huskinson
Wed 09-Mar-05 06:31 PM

IO have just forwarded an electronic version of DPP v Huskinson to Shawn at Rightsnet in case anyone else wants a copy !!!

  

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shawn
                              

Charter member

RE: Payment of HB - DPP v Huskinson
Thu 10-Mar-05 09:35 AM

thanks to hbspecialists, here it is ......

http://www.rightsnet.org.uk/pdfs/DPP_v_Huskinson.doc

  

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Top Housing Benefit & Council Tax Benefit topic #1371First topic | Last topic