Our LA recovers from ongoing benefit where possible. Any overpayments recovered from us as landlord are offset on our payment run.
In both cases they normally wait four weeks before action is taken.
They are now proposing that in the case of deduction from ongoing benefit they will start recovery from the week after the notification letter going to the tenant.
My question is can they do this or should they wait four weeks. I have a feeling that they will start to use the same process for us soon.

The answer is that there is no legal requirement to delay recovery.

However, it goes against all the recommendations of the DWP in both their “Overpayments Guide” and a recent “HB Direct” letter. It may also be considered “Mal-administration” by the Ombudsman where it causes injustice to a claimant.

I understand that there are ongoing discussions between the DWP and the Ombudsman about this as the Ombudsman has told LAs that they would find recovery before the time to appeal is up to be maladministration as it “goes against the advice of the DWP” and the DWP are saying they have issued the advice as “the ombudsman considers it to be mal-administration.”

Here is a link to the rightsnet news story which highlights, and gives a link to, the HB Direct newsletter recommending that LA's only recover overpayments after the prescibed time for appealing has expired -

Overpayment recovery pending a possible appeal: DWP encourages local authorities to delay action (14 January, 2005)

I am going to meeting about overpayment recovery with the DWP and am interested in your views on things like blameless tenant recovery and all others on this subject. My email is gary@walthamstowcab.org.uk

Gary

It wrong to say that there is no legal requirement not to say that there is no requirement to wait for four weeks. Case law established on other benefits, but with the same appeal system as HB says that no determination has been made until the rights of appeal have been exhausted- no determination, no right of recovery

Chris
I am aware of a couple of cases that look at “decision” dates for the purposes of applying the statute of limitations, but none that prevent recovery action.

Can you let me know what cases you are referring to?

Jeff

See the current edition of Housing Benefit for Housing Managers, page 180- the cases are RS 2/74, CIS 2654/99 and R SB 5/91

CIS 2654/99 (starred as 18/01 is available) @

http://web.archive.org/web/20030417161521/http://www.osscsc.gov.uk/archive_decisions/st01/1801.htm

... and R(SB) 5/91 @

http://www.dwp.gov.uk/advisers/docs/commdecs/sb5_91.pdf