stainsby
Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since 22nd Jan 2004
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RE: HB OVERPAYMENT RECOVERY FROM LANDLORD
Mon 16-Feb-09 12:45 PM |
The Council have still not issued the single recoverability decision required by R(H)6/06 as it is arguable that the overpayment is recoverable from the tenants appointee as the person who failed to disclose the change in the tenants circumstances. There is therefore still at present no overpayment that is recoverable from anyone.
It is similarly arguable that the overpayment is not recoverble from you because you did not fail to disclose the change (Reg 101(2(b))
"in a case where an overpayment arose in consequence of a misrepresentation of or a failure to disclose a material fact (in either case, whether fraudulently or otherwise) by or on behalf of the claimant, or by or on behalf of any person to whom the payment was made, the overpayment is only recoverable from any person who misrepresented or failed to disclose that material fact instead of, if different, the person to whom the payment was made"
The version I have cited is the latest version, and that version will apply given that no proper recoverability decision has been made.
It is the date the decision is made that is relevant, not the date the alleged overpayment occurred (see CH/3160/2007)
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