Reply To: Recovery ONLY from the landlord

#94761
Anonymous
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What are the changes under consideration, Peter?

The LHA legislation has no specific changes to overpayments, so are they considering an amendment to Reg 101 just for LHA cases?

If so, there may be a case to be made that when payment is to the Landlord in accordance with 96 (3A) (b)(i) “difficulty in relation to the management of his financial affairs” then any payment made to the landlord, may be recovered only from him if the overpayment is in relation to a change of address (as opposed to a change in the claimant’s circumstances, which the landlord could not reasonably be expected to know of)

I’m not sure I would welcome a change along the lines of making Reg 101 more prescriptive though.

If the DWP are thinking of amending the LHA regulations they should start with the effective dates of changes under 13C and D&A 7A and 8(15) first, as this a real mess presently, in my opinion.

If they are to amend the OP regulations, my choices would be –

Remove the reference to “recoverable” from 104 (1) (and possibly 103 (1)) so LA’s can reduce non-recoverable overpayments by underlying entitlement (and possibly diminution)

Clarify who can act on the claimant’s “behalf” in Reg 101 (2)(a)(i), (i.e could it include a partner, a non-dependent that has succeeded the tenancy, or is it just an appointee?)

Clarify 101 (2)(b)(ii) and (4) to make it beyond doubt whether recovery can be sought from the claimant’s partner otherwise from deductions to entitlement when they remain partners.