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Top Housing Benefit & Council Tax Benefit topic #5466

Subject: "HB overpayments" First topic | Last topic
jaykay
                              

adviser, penwith citizens advice bureau
Member since
15th Dec 2005

HB overpayments
Thu 20-Sep-07 12:58 PM

Just checking that I'm interpreting the regs right:

Where a LA says that there has been an overpayment which it intends to recover -

that the landlord has the right of appeal against both the revised decision (eg the entitlement decision) and the recoverability decision, as a person 'affected by the decision'.

Would the landlord still have the right of appeal against the entitlement decision if the LA decided not to recover (or that it couldn't recover) from the landlord.

Tenant is very vulnerable and not sure that could cope with appeal.

  

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Replies to this topic
RE: HB overpayments, jmembery, 20th Sep 2007, #1
RE: HB overpayments, jaykay, 20th Sep 2007, #2

jmembery
                              

Benefits Manager AVDC, Aylesbury Vale DC - Aylusbury bucks
Member since
01st Mar 2004

RE: HB overpayments
Thu 20-Sep-07 01:27 PM

Where both landlord and claimant are eligible targets for recovery, both have the right to appeal against the fact that there is an overpayment, the way it has been calculated, if it is recoverable, etc, etc.

This applies even if the LA chooses to only recover from the claimant.

If, however, the landlord is not an eligible target for recovery then they have no appeal rights on the overpayment.

  

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jaykay
                              

adviser, penwith citizens advice bureau
Member since
15th Dec 2005

RE: HB overpayments
Thu 20-Sep-07 01:30 PM

Thanks - thats what I thought

Kate

  

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Top Housing Benefit & Council Tax Benefit topic #5466First topic | Last topic