direct payment request

  • Filter
  • Time
  • Show
Clear All
new posts

    Can you show anything to backup those statements? You can't because they are just not true.

    You don't even seem to know that the council has nothing whatsoever to do with UC Housing Element.

    UC-HE is adminstered and paid by the DWP - not by the council.

    Here's how it actually works:

    A Managed Payment To Landlord arrangement in UC can be ended in certain circumstances and future UC-HE paid to the claimant as intended.
    A claimant can ask for a MPTL to be ended, but that request is not neccessarily granted.
    There is no provision for payments already made directly to the landlord to be taken back, unless there had been an overpayment. (ie. if the claimant has been awarded more UC-HE than they were entitled to that would constitute an overpayment).

    The DWP will recover any overpaid UC-HE (UC-HE that has been paid in error) from the claimant, and only failing that can they recover overpaid MPTL's, only the overpaid portion, and only with either the landlords agreement or a court order.

    The DWP will recover the overpayment from the claimants ongoing benefits. (By reducing their future benefits payments).
    That is obviously their preferred recovery method as they are in total control of it.

    If they are no longer claiming benefit the DWP will next attempt to recover overpayments from the ex-claimants by agreement, and failing that by an attachment of earnings on their new income.

    It's only if the above cannot recover the overpayment from the ex-claimant, and if the overpayment had been made direct to the landlord, that the DWP can then recover that overpayment from the landlord, and only the overpaid portion

    PS. If the DWP are having problems getting a repayment agreement with an ex-claimant then they may try for recovery of an overpaid MPTL from the landlord (by agreement) before they try for an AoE in court.
    It's easier for them to badger a LL who doesn't know the benefit recovery rules than to go to court for an AoE.
    (And they'd prefer getting it all at once from a LL's agreement, rather than a small AoE. They can't make a LL pay back any benefits overpayment without a court order).


    Latest Activity