Claimant was being paid HB/CTAX rebate, told LA they were being overpaid. LA did not act even thought they were told several times. Eventually they did act, but wish to recovery overpayment, appealed because official error, now LA have admitted official error, but still wish to recover. Appeal this week. No appeal rights against recovery, any suggested for claimant on how to proceed would be very welcome.

Not the most helpful of replies, but unfortunately, I think you have very little room for manouevre.

Even though the LA made an error, it seems pretty clear that your client was aware that s/he was being overpaid. If that was the case, then the O/P is recoverable. As for actual recovery, the only real option you have is to try and plead for a write off. Only fair to warn you though that I think it is highly unlikely....

Regards
Kevin D

Have you checked that the local authority has followed the correct procedure i.e. correctly notify the claimant of the decision that they have been overpaid, and then notify the claimant of the decision to recover it. I did win a tribunal not so long ago because the LA submission was full of computer screen printouts and templates/skeletons of typical standard notification letters, but no copies of the actual decisions sent to client. The Presenting Officer could not prove that they had carried out the overpayment decision correctly. LA requested full statement of reasons for the tribunal's decision cos they obviously werent happy, but they didnt try to take it to Commissioners.
Good luck.
Jo.

Thank you Jo or your advice. I have not seen the papers, this is someone who is doing this themselves, I will contact them to see if he wants to bring the papers in for me to look at, it would give them somepoints to ask the tribunal to take into account.

Thank you Kevin for your reply, Yes they did know they were being overpaid, but powerless to stop the overpayment as the LA did nothing when the claiment informed them(more than once) of this. Yes they have refused a write off, but maybe they could try judicial review.

Just another thought, if all else fails, could you take the case to local government ombudsman re: maladministration, with the aim of seeking compensation?
Jo.

You've said that your client knew s/he was being overpaid - could s/he be sure?

If possible I would go down the line of arguing that s/he had concerns - and brought these to the attention of the LA - but that she could not reasonably have been expected to know that these concerns were correct particularly in light of the LA's failure to act on the information they were being given. Presumably your client is not an expert in Housing Benefit and the LA, theoretically, are.

Was it not reasonable for your client to interpret the LA's failure to act as an indication that s/he was actually being paid the correct HB/CTB?

Brian,

Counter-argument (just to be Devil's advocate...)

Would it not be reasonable for the clmt to have expected a letter confirming her HB/CTB was correct - i.e. not make assumptions...

At Tribunals I've attended in person, I have (generally) found Chairs to be VERY unsympathetic to appellants who rely on arguments based on assumptions. Invariably, Chairs have made a point of stating that it is not enough to make assumptions and, in a number of CDs (generalising), there appears to be more of less a similar line of thinking.

Regards

Perhaps I should have said a "reasonable belief" rather than an "assumption". I think it's reasonable (for someone not familiar with the widespread incompetence of most LA HB departments) to believe that information which is provided to an LA will be acted upon appropriately.

Personally I find tribunals equally unsympathetic to LAs which appear incapable of meeting the minimum standards of decision making and administration and then try to make claimants pick up the tab. And that's what this case sounds like to me.