Reply To: Income from Second Property that customer doesn’t own


Good afternoon Graeme, 

Yes have to concede that my attempt to cite regulation 88 HB General Regs 2006  and 'duty to notify change of circumstances …'  was  probably not  so convicing. Our customer did not inform the Housing Benefit department  that she had signed an  additional tenancy, or started collecting rent there and the related  transactions involved via her bank account.

So if it is accepted that there is an overpayment in the sense of regulation 99 –

""overpayment” means any amount which has been paid by way of housing benefit and to which there was no entitlement under these Regulations ." ….

……Then certainly there is no 'official error ' overpayment with regard to Reg. 100 (1) and (2) .

So recoverable .

What really is left is to determine whether or not the whole operation has generated income. If there is no income from it, then no overpayment . So we could reinstate claim and the customer would also be free to carry on with the arrangement at the property next door.  This would mean trying to find an absolute definition of " income" for HB purposes and see if an arrangement which yields such miinimal return actually falls in its remit. 

Thank you for your comments.