Reply To: Underlying entitlement following change of address


[quote:4cf2d271ef][b:4cf2d271ef]Are there any overpayments ?[/b:4cf2d271ef]

Yes. Reg 99 defines an OP as any HB to which there was no entitlement. HB in respect of Address A either comes to an end on the day of the move, 05/01/09 or will run to 01/02/09 if the unavoidable liability is accepted. In this case it is accepted and therefore benefit comes to an end for that property on 01/02/09. Landlord A was however paid upto and including 01/03/09 which means he is overpaid from 02/02/09 to 01/03/09 = 4 weeks at £120.00 = £480.00 the La decide it is recoverable from him.

The new L/L is entitled to receive payment in respect of the new occupancy and will receive payment of £118.50 from the start of the tenancy.

Reg 104(1)(c) works to ensure that the new entitlement is not deducted from the overpayment.

Reg 102(1A) works to ensure that [i:4cf2d271ef][b:4cf2d271ef]had a decision been made to recover the overpayment from the claimant rather than landlord A it could have been recovered from any sum due in respect of the new property[/b:4cf2d271ef][/i:4cf2d271ef]. [/quote:4cf2d271ef]

I think the bit emphasised above is more complex than that. If an overpayment has been made to Landlord 1 but is recoverable from the claimant, I think the intention and sensible approach is that this should not be clawed back in full from HB for property 2 unless it is the same landlord. If it’s a different landlord, the worst that should happen is that normal weekly deductions are taken out of the arrears payable on property 2 (whether these are paid to the cloaimant or the landlord), or perhaps not even that – perhaps the arrears should be released in full and weekly deductions commence going forward