overpayments

Question 1

law regarding overpayments

Answer 1

SS (Admin) Act 1992 section 75

HB regs 2006 part 13 99 to 107

HB SPC regs 2006 P12 80 to 88

HB recovery of OP’s regs 1997

Question 2

duties of the LA in dealing with overpayments

Answer 2

must decide whether an overpayment has occurred
clasify this as recoverable or not recoverable

calculate the amount and the period that it covers

decide the amount to be recovered, who to recover from and how they are going to recover it

notify the persons affected - CL LL payee

claim correct rate of subsidy - by classifying correctly

have a policy on overpayment recovery

Question 3

classifying an OP

Answer 3

classified so that LA claims correct subsidy so

DWP error
LA error 
LA error (admin delay)
CL error 
CL fraud 
other OP - no one's fault
payment on account - IRL 
technical and advance payments

Question 4

underlying entitlement regs

Answer 4

HB regs 2996 SPC 2006 reg 104
U/E is mandatory
commissioners decision CH/4943/2001
gross and net OP - (think this means the OP and then the reduced one after we have put the required info on )
requests for further info must be made and beneficial change rule considered

Question 5

U/E circular A13/2006

Answer 5

read this

Question 6

from Apr 2010 COA rules A23

Answer 6

A23/2009 - read this

Question 7

diminishing capital rule - when?

Answer 7

when OP due to misrepresentation of capital or

error relating to capital (not official error)

Op more than 13 weeks

Question 8

effect of the diminishing cap rule

Answer 8

reduce the amount of capital used in next 13 week period to take account of the capital which would have been spend on rent

Question 9

what decisions do LA’s make on OP’s

Answer 9

2 decisions

there has been a recoverable OP

whether to recover it

Question 10

recoverable OP’s

Answer 10

almost all OP’s are recoverale

tech and payment on ac always recoverable

Question 11

official errors

and caselaw

Answer 11

only recoverable in some cases - where CL could reasonably have been epected to know that they had been overpaid

Elsie Griffiths v liverpool 1990

Question 12

factors re recover

Answer 12

the individuals circs
LA discretion
LA’s own position (subsidy)
it is the thing most likely to generate an appeal

Question 13

who to recover from

Answer 13

< April 2006 -
from CL or person who received - SSAA S75 (3)

> Apr 2006 - recovery allowed from LL/agent was then limited

Question 14

recovery from LL

Answer 14

where LL received the money and
they got the OPaid benefit and
the OP result of a change that the LL could have been expected to report

OR

LL has colluded with the CL to cause the OP

LL has been so neglegent that he has contributed to the period of the OP - end of tenancy and fraud cases

Question 15

method

Answer 15

ongoing HB/CTB
deduction of arrears of HB/CTB
recovery from some DWP bens
LL recovery 
invoice and court actions 
DEA

Question 16

ONG

Answer 16

£11.25
£18.75 - fraud
plus 50% of earnings or war pension disregard

shouldnt start til month after OP notification

LA has discretion to vary recovery - no appeal right

LA must consider effect on rent arrears and homelessness

Question 17

Notification process

Answer 17

see A13/2006

Question 18

deduction from Arrears

Answer 18

can deduct from arrears where O/S OP - consider

financial position of the CL and potential hardship /risk to tenancy

follow notification process
consider admin policy to maximise recovery
fine line!

Question 19

recovery DWP bens

Answer 19

not:
 guardians allowance
child ben
war pension
tax credits

Question 20

conditions of recovery from DWP bens

Answer 20

OP cant be LA or DWP error

must be sufficient benefit being paid

there’s no HB to take from

LA must apply to the DWP debt managment

Question 21

DWP terms to pay us back

Answer 21

will pay the LA monthly or quartterly

wont charge us

Question 22

recovery from LL regs

Answer 22

recovery of OP regs 1997

this is not ongoing recovery

the LA can deduct from HB which is being paid to the LL for CL’s other than the one who the OP is for - give example

follow notification process A13/2006

Question 23

invoice and court action

Answer 23

after OP letter issued LA use SD system where

no other alternative
La has liaised with their own debtors section
if they are not successful then decree can be sought
can recover by DEA
stirling park (debt recovery agencies)

Question 24

other issues for LA to consider in OP’s

Answer 24

admin penalties
performance indicators on their recovery
subsidy