LHA-A week gap-Overpayment

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  • #34288
    Anonymous
    Guest

    Housing Benefit is claimed Jan 2008. Payments are going to Landlord monthly. Claimant now decides to break their claim for a week. Payment for the week in which the break is requested is already been made to the landlord (as the paid to point has passed).

    We have now assessed the new claim and changed the payee type to claimant as its under LHA.

    How and whom do we recover the overpayment from? My thinking was, the overpayment (if any) should be recovered from the tenant in full or their ongoing entitlement.

    Any comments

    #96281
    david kearney
    Participant

    god knows, can’t you just get the customer to make another statement asking for the week break to follow on from the paid to date. (something along the lines of “ahem, my previous statememt where I uneqivocally expressed my desire not to recieve benefot for w/c x was not unequivocal after all, please disregard this and accept this statement as my latest unequivocal statement of my freely made desire not to be entitled to hb for w/c y.” Or something, has this really happened or are you trying to get the regulation truffle hounds all unnecessary?

    #96282
    Anonymous
    Guest

    We had a case like this – where the withdrawal wasn’t actioned until the four-weekly payment had gone out. The new claim started from the Monday immediately following the paid-to date, so technically there wasn’t any break in payments, but we’re recovering the week’s overpayment from ongoing entitlement. (We considered underlying entitlement but decided if the claimant didn;t want benefit for that week their couldn’t be any…) Even after the £9.15 deduction they’re still getting more on LHA then previously.

    #96283
    Anonymous
    Guest

    Claimant was claiming HB.
    Breaks their claim from 19th May to 25th May.
    New claim under LHA to start from 26th May.
    This claim was assessed on the 2nd July. Payments to the tenant directly.
    The landlord has been paid upto the 30th June.

    What do we do with the payment…landlord has already been paid from 26th May to 30th June. Tenant is also paid from 26th May.

    Do we invoice the landlord?
    Clawback from claimant’s entitlement?

    Yes David…it is a genuine claim.

    #96284
    david kearney
    Participant

    still think you should make sure your front facing staff/assessors are using their common sense when do these, but to answer sensibly, you are going to have to claw back from the tenants ongoing entitlement. The overall effect will be the same in that the tenant will lose the equivalent of a weeks entitlement at the old rate, recovering from the ll would seem to be unreasonable in the extreme in these circumstances.

    #96285
    Anonymous
    Guest

    🙄 Exactly my first reaction……but had to reassure that I was on the right track and other LA’s were doing a similar thing

    #96286
    Anonymous
    Guest

    [quote:a9a0aad825]…other LA’s were doing a similar thing[/quote:a9a0aad825]
    I wouldn’t worry about that!

    #96287
    Anonymous
    Guest

    Us Londeners have to be on the right track!!!

    #96288
    Anonymous
    Guest

    [quote:a48e82f33b]Claimant was claiming HB.
    Breaks their claim from 19th May to 25th May.
    New claim under LHA to start from 26th May.
    This claim was assessed on the 2nd July. Payments to the tenant directly.
    The landlord has been paid upto the 30th June.

    What do we do with the payment…landlord has already been paid from 26th May to 30th June. Tenant is also paid from 26th May.

    Do we invoice the landlord?
    Clawback from claimant’s entitlement? [/quote:a48e82f33b]
    So presumably they requested that the award be terminated in week commencing 12/05/08, but that wasn’t actioned until 02/07/08? Thats quite a long processing time. I think you need to recover the O/P for w/c 19/05/08 from claimant via ongoing entitlement, but offset the payments already made to landlord from 26/05/08-30/06/08 against the credit now due to claimant under LHA.

    You might want to try and identify withdrawal requests and deal with them quickly in the future to avoid this kind of situation!

    #96289
    Anonymous
    Guest

    We do fast track these forms, the original form never made it to DIP, so when the new one was done with the receipt we had to pay it from the original date. Honestly, our processing times are not that bad, its also not the norm, we rarely have documents that don’t make it to DIP.

    #96290
    Julian Hobson
    Participant

    Get the customer to request backdating on the grounds that they acted on bad advice from your LA (satisfies good cause).

    There will be no break in entitlement and no OP.

    It will still be LHA as you have NOT revised your decision to accept the withdrawal.

    The only reason DWP says there needs to be a break is because if there wasn’t a break (because the withdrawal and claim is made same week) you wouldn’t accept the withdrawal OR you would have to revise your decision to accept it.

    There are no grounds for revision as I see it and so you would never revise in this case. You have already ended the entitlement in this case and so backdating is the only prospect and Bad or inappropriate official advice is a perfect fit.

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