Terms & Conditions

[Anselmo]

Hello,

We are a Registered Social Landlord and have reason to suspect that one of our tenants may be involved in HB fraud. Naturally we immediately informed the Local Authority and the claim was indeed suspended.

However, the curious reply from the LA asked us to let them know the result of our own investigations, because their Fraud team “would not be able to take any action on it due to the age of the claimant”. The person in question is a pensioner.

Is there anything in the relevant regs that prevents LAs from investigating pensioners?

(please note that the possible fraud does not relate to income, so it’s not that they have an AIF from the Pensions Service that they have to stick to)

Thanks

[Anonymous]

Theres nothing in any of the regs to stop us investigating a pensioner – however the LA’s own prosecution policy may indeed preclude this!

[Mikeb2]

Ask them why.

I am sure they will say…

I’m curious myself now. 😕

[seanosul]

Notifying them leaves you in a good position re any overpayment anyway.

(1) For the purposes of section 75(3)(a) of the Administration Act (prescribed circumstances in which an amount recoverable shall not be recovered from the person to whom it was paid), the prescribed circumstance is—
(a) housing benefit has been paid in accordance with regulation 95 (circumstances in which payment is to be made to the landlord) or regulation 96 (circumstances in which payment may be made to a landlord);
(b) the landlord has notified the relevant authority or the Secretary of State in writing that he suspects that there has been an overpayment;
(bb) the relevant authority is satisfied that the overpayment did not occur as a result of any change of dwelling occupied by the claimant as his home; SI 2005/2904
(c) it appears to the relevant authority that, on the assumption that there has been an overpayment—
(i) there are grounds for instituting proceedings against any person for an offence under section 111A or 112(1) of the Administration Act (dishonest or false representations for obtaining benefit); or
(ii) there has been a deliberate failure to report a relevant change of circumstances contrary to the requirement of regulation 88 (duty to notify a change of circumstances) and the overpayment occurred as a result of that deliberate failure; and
(d) the relevant authority is satisfied that the landlord—
(i) has not colluded with the claimant so as to cause the overpayment;
(ii) has not acted, or neglected to act, in such a way so as to contribute to the period, or the amount, of the overpayment.

[Anonymous]

We prosecute pensioners. In fact a 73 year old man is due for sentencing in a few weeks for having 2 undisclosed private pensions.

[corran]

As was said above, there is no regs preventing the investigating and prosecution of the elderly.

It will be a council policy to not investigate people over a certain age, however BFI seem to look down on this currently and age alone should not rule it out, only when combined with health issues etc should it become an issue.

Many councils will take action against them, and good thing too because it seems most the HBMS capital matches are pensioners whom seem to always forget that one bank account that has many thousands in it.

[Author]

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