Reply To: Overpayments – Circular A13 2006

#8364
Beard
Participant

Ok, here’s one to ponder.

Payments sent direct to landlord. Claimant dies but there is a delay in notifying the authority and an overpayment is created, the decision being after 30/04/06. His family continue to reside in the property.

Who should be held liable ?

Unless the landlord knew about the chap dying (and I don’t think they did) they (its a HA) can’t be held liable, but then neither can the claimant himself.

My only thought is that it could be his family (for ease of purpose his wife) or his Exors, but are they under any duty to disclose the change in the first place ?