Is there an overpayment ??

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    A customer in Canterbury was nominated for a Housing Association tenancy on the basis that he, his partner and their daughter would be resident.
    Hb/CTB claim forms were submitted and the Housing association tenancy was agreed. Customer was renting property for 1 year when it was discovered that his partner and child had been removed from the United Kingdom long before the tenancy started.
    Housing association terminated the tenancy and customer has been interviewed and admitted that all claim forms and correspondance made to the council were false. Claimant has also admitted all of his partners signatures on claim forms were forged by him.
    Housing association have written a statement saying that had customer declared his true circumstances he would not have been entitled to the tenancy.
    Benefit assessment team are saying that there is no overpayment due to there being a liability to pay rent for the period even though the nomination by the council to the housing association obtained by deception, tenancy with the housing association was obtained fraudulently and claim forms to HB and CTB were fraudulent.

    Is there an overpayment?


    Looking purely at the laibility for rent issue I can see no way that there is an overpayment.

    Going beyond that, things may get a little more complicated.

    There is the obvious question as to your claimant’s income.

    In addition you may also want to make a restriction under the provisions of R12(7)

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