Landlord’s right to challenge op recovery

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  • #22254
    Anonymous
    Guest

    Is the latest legal position still that a landlord cannot use the normal disputes process (under the D&A regs 2001) to challenge a decision to make him recoverable for HB /CTB overpayments – as long as the Authority can show that the decision to do so was made properly?
    As this is a discretionary decision am I right that this can still only be challenged by judicial review?

    #7288
    Mark
    Participant

    No – see DWP circular A4/2006 (paras 8 and 13).

    #7289
    Anonymous
    Guest

    thank you!

    #7290
    Anonymous
    Guest

    Presumably this applies retrospectively? So it applies now no matter when a decision to recover was made (assuming within the last 13 months?)

    #7291
    Mark
    Participant

    It’s not the D&A regs that were changed – it’s the main HB Regs that were. There’s also a debate about whether these changes really do mean that appeal rights exist (but this is a rather technical argument you will probably want to avoid). But the changes apply only to recovery decisions made since the new regs came in (10th April 2006) and do not pertain to affect decisions made before then. So if you get an appeal against a recovery decision made before 10th April 06 I’d refer it to the Tribunal Service as out of jurisdiction. But don’t be surprised if they hear it anyway and ask for a full submission.

    #7292
    Anonymous
    Guest

    thanks for that

    #7293
    Anonymous
    Guest

    You may want to refer as out of jurisdicition and I dont know how TAS in your area would deal with it, but I dont think the effect of R(H)3/04 is to deny the right of appeal as to the target for recovery if the decision was made before 10 April 2006.

    I understand some chairs have been effectively ignoring R(H)3/04 because the Chiltern /Warden Housing Case is higher authority

    (All my cases have gone to full hearing even when the chair was a Deputy Commissioner)

    #7294
    Anonymous
    Guest

    My reading of R(H) 3/04 is not that the appeal is out of jurisdiction unless it advances JR-type arguments – my understanding would be that the appeal is in jurisdiction but doomed to fail. It’s the old misconceived appeal scenario. The matter is in jurisdiction but the discussion at the Tribunal is confined to JR type issues and the landlord won’t win the appeal unless they have a good case of that type.

    The point is, for the LA to show that the decision was made properly in a judge-proof way there has to be a hearing. Even if the appellant’s grounds for appeal don’t seem very promising, it’s not for the Council or even the TS clerk to decide that substantive issue.

    #7295
    Kevin D
    Participant

    In summary (prior to 10 Apr 2006), LL appeal rights:

    1) against any factual matters relating to calculation of the overpayment.

    2) against the “target” aspect of the decision, but only to the extent of JR arguments.

    Regards

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