stainsby
Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since 22nd Jan 2004
|
RE: O/P recovery....
Fri 17-Sep-04 12:57 PM |
I am assuming that the L/L was not fully notified of the originla overpayment decision, and whilst I agree with Kevin D that the new decison re target for recovery is a decision carrying appeal rights, the effect of this is to make the landord a person affected in respect of the substantive overpayment.
The landlord will now have the right to appeal against the original overpayment decision, albeit belatedly (but you will need to make sure that you were not properly notified of the overpayment at the outset....if you did get a notification, go thorough it with a tooth comb and if there is anything not fully in compliance with Sch 6, you should be able to re-open your appeal rights)
I would go straight for an appeal on both issues, the substantive overpayment, and the target for recovery.
I am no longer surprised by what is eventually revealed in LA submissons, eg the fact that there is more than one overpayment, and some of the overpayments are official errors, wrongfull assesment of capital or income, the list can seem endless.
Personally, I think there is probably more mileage in re-opening the appeal against the substantive overpayment (and dont forget diminishing notional capital) rather than the target for recovery, because there are basically only 3 targets, the claimant, the payee or the person who misrepresented . (In this case the person who misrepresented is the claimant so you are down to 2, but you may find out otherwise once you get the council's submission)
The overpayment can theoretically be recovered from the claimats estate, but if there is nothing left, then the only other target is the payee if the claimant is dead
The burden of proving the amount of and recoverability of the council. You will have more idea as to whether the council has carried its burden once you get the full submission.
|