HB Overpayment Reclaim

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  • HB Overpayment Reclaim

    I am being paid HB direct from LHA due to arrears. However, I believe the T is not entitled to it and told LHA I did not want money I was not entitled to and informed them I believe T is working (including times and place).

    They do not seem interested and are continuing to pay me direct.

    If they do actually decide to pursue the matter and T has been claiming fraudulently will they clawback money from me, even though I informed them of the situation ?

  • #2
    Generally the overpayment is recovered from the person to whom it was made, which could include the landlord. But there is an exception for some over-payments to LLs.

    The over payment cannot be recovered from the landlord if:

    * s/he was receiving the payment; and
    * s/he wrote to the local authority notifying it of the possible overpayment; and
    * it appears to the local authority that the overpayment was not caused by your ceasing to live in the property as your home; and
    * it appears to the local authority that either there are grounds for action to be taken for fraud, or that the overpayment was caused by a deliberate failure to report a relevant change of circumstances; and
    * s/he has not colluded with you (ie, the claimant) or otherwise contributed to the overpayment

    And you need to satisfy every single one of those points, so make sure you've put it in writing and its been delivered. But to be on the safe side I would probably pop it into a seperate account and wait for the go ahead to spend it all!


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