Reply To: overpayment recovery

nick dearnley

I don’t think you can recover from the LL.

Section 75(3) Social Security Admin Act 1992 says recovery is to be made from the person who was paid, unless prescribed otherwise. I don’t think s75 gives a discretion to recover from someone who wasn’t paid because they have asked – it says “shall be recoverable – (a) except in such circumstances as may be prescribed, from the person to whom it was paid; and (b) where regulations so provide, from such other person (as well as, or instead of, the person to whom it was paid) as may be prescribed.”

These are ‘shall’ provisions, which means ‘must’.

That prescription is made by reg 101 HB Regs; 101(1) gives exceptions so that LLs escape in certain circumstances where they have been paid (so not your case) and 101(2)(b) points recovery at someone different to the payee who has failed to disclose or misrepresented. 101(2)(c) requires recovery of an official error OP from the person who should have realised there was an overpayment.

So unless the LL is saying they come within 101(2)(b) or (c) I don’t see route to them being liable.