Terms & Conditions

[rds01]

If the claiamnt has an overpayemnt and dies can we recover this from the surviving partners new claim for HB or does the debt die with the claimant? Thanks in advance.

[Kay_Tade]

, unless the surviving partner killed the claimant and this was not reported [I’m not being flippant by the way], . Referring to 101(2) to target the former partner in this scenario…..

But andrew_hodkinson is right… you can’t recover in you case.. 8)

[andrew_hodkinson]

102. Method of recovery

(1) Without prejudice to any other method of recovery, a relevant authority may recover a recoverable overpayment from any person referred to in regulation 101 (persons from whom recovery may be sought) by deduction from any housing benefit to which that person is entitled (including arrears of entitlement after offsetting under regulation 98 (offsetting)) or, where it is unable to do so, may request the Secretary of State to recover any recoverable overpayment from the benefits prescribed in regulation 105(1) (recovery of overpayments from prescribed benefits).
(1ZA) Where an overpayment is recoverable from a claimant who has one or more partners, a relevant authority may recover the overpayment by deduction from any housing benefit payable to the claimant’s partner, or where it is unable to do so, may request the Secretary of State to recover any recoverable overpayment from the benefits prescribed in regulation 105(1B) (recovery of overpayments from prescribed benefits), [b:e1efec7cd0]provided that the claimant and that partner were a couple both at the time of the overpayment and when the deduction is made.[/b:e1efec7cd0]

[Kay_Tade]

Oh,,,, it’s Friday. Sorry I deleted my initial post in error when I clicked on the edit button. 😳

[Kevin D]

[quote:2f5f471ce2=”andrew_hodkinson”]102. Method of recovery

(1ZA) Where an overpayment is recoverable from a claimant [b:2f5f471ce2]who has[/b:2f5f471ce2] one or more partners, a relevant authority may recover the overpayment by deduction from any housing benefit payable to the claimant’s partner, or where it is unable to do so, may request the Secretary of State to recover any recoverable overpayment from the benefits prescribed in regulation 105(1B) (recovery of overpayments from prescribed benefits), provided that the claimant and that partner were a couple both at the time of the overpayment and when the deduction is made.[/quote:2f5f471ce2]

Picking further into Andrew’s analysis, the word “has” indicates the current tense. As one of the couple has died, the surviving member plainly no longer “has” a partner. So, on that basis alone, no recovery.

[Author]

Posts