Law relating to council claiming HB back

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • theartfullodger
    replied
    As nukecad states, info on why / what law here
    https://england.shelter.org.uk/profe...t_overpayments

    There are a few laws and a few bits of case law.

    With law, it's so rarely simple...

    Leave a comment:


  • nukecad
    replied
    If the HB has been paid when the tenant did not have an entitlement to HB then it's an overpayment from public funds and they are legally entitled to claim it back, in fact they must get back overpayments.

    If it's been paid to the claimant then that's who they claim it back from.

    If it's been paid direct to the landlord (or his agent) then the landlord also has a liability to pay it back. Leaving them with rent arrears from the tenant for the period the overpaid HB covered.
    They should usually try to recover from the claimant first, but as that recovery is probably going to take a long time from ongoing benefits many councils will go for the landlord option.
    If you have direct payments of HB in respect of other tenants then they can reduce those to recover the overpayment. (You can't ask those tenants to make up the shortfall or say that they then become in arrears - they don't because you've already had that money overpaid to you).

    https://england.shelter.org.uk/profe...yments#title-8

    Note that Universal Credit Housing Element is administered by the DWP not the council, and had different rules on recovery of overpayments.

    Leave a comment:


  • jpkeates
    replied
    Originally posted by bertha View Post
    Please could someone explain the law on councils claiming HB back from landlord ,can you appeal.
    More to the point, you'll agree to the claw back when applying for the direct payment.
    So your grounds for appeal are pretty limited.

    Leave a comment:


  • Jon66
    replied
    Yes you can appeal but need to look at the specific grounds. Buy a copy of CPAG Welfare Benefits Handbook, it's all in there.

    Leave a comment:


  • bertha
    started a topic Law relating to council claiming HB back

    Law relating to council claiming HB back

    Please could someone explain the law on councils claiming HB back from landlord ,can you appeal.

Latest Activity

Collapse

Working...
X