we are a newly created RSL following LSVT of stock from Trafford Council in March 2005.
since transfer, we are receiving "lots" of overpayment requests for periods that pre date the transfer.
if it relates to an ex tenant who did not transfer, we are not paying. if it relates to a current tenant but at a different address than they transferred to THT from, we are not paying it.

the debate is over HB overpayments for payments made to current tenants, who transferred to THT, where there is no current entitlement. we are being asked to repay all the amount in 28 days. we want to argue that, whilst HB can claim overpayment from a different landlord for a tenant, they must do this either as a reclaim if there is a current claim, or as an invoice to the tenant in particular. otherwise it is like asking one landlord to pay back all the money. we think that advantage is being taken of the fsact that THT came into existance as a result of a transfer and that really we are the same but different!

has anyone else had this issue? can Trafford Housing Benefit do this?..(they argue the Council had the money and the current accounts we took over at transfer are the way they are becausse of this paymnt...)

any help/advice greatly appreciated...the wolves are at the door as I write to take money from Mr "blameless tenant"

I have 27 appeals pending that invlove overpayment decisions that were made around 5 years ago. There is going to be a preliminary hearing to consider whther or not the initial decision letters were valid (ie compiant with Sch 6 of the HB Regs) and that will be a factor in whether or not the appeals can be heard as my challenges were only made recently.

The other issue to be considered at the prelim hearing will be the fact that the initial decission was to recover from our pre-decessor organisation Thamesmead Town Limited.

I have already had one Tribunal refuse to hear a case as the decisison was to recover from TT Limited.

Overpaid housing benefit can be recovered from the person to whom it was paid. In my cases the person to whom the benefit was paid was Thamesmead Town Limited. Gallions Housing Assocaitaion is an entirely separate legal entity or personality to Thamesmead Town Limited, just as your organisation is a separate legal entity to the Council.

The overpayments are recoverable from the Council not your organisation.

If the Council has already made bulk deductions they are acting illegally (see Warwick District Council v Freeman) and following Waveney DC v Jones you could sue for restitution in the county court

thanks for your advice..useful to be armed with case law and precedence when disputing something. much appreciated.