Recovery from partner

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  • #21434
    Neil Adamson
    Participant

    I am sure I have read something definitive on this but not been able to track it down.

    We have a rent rebate case which is ended and creates a four week OP in Mr X’s name who leaves property. Mrs X claims and is awarded benefit from the date Mr X’s entitlement ended.

    Can or do you (and I am not sure they are the same thing) recover his OP from her arrears that cover the same period as his overpayment without gaining permission from Mrs X to do so?

    #5254
    markp
    Participant

    I have in the past, in rent rebate cases, awarded HB to Mrs and debited Mr’s OP to the rent account, therefore recovering the OP from him, via his rent account.

    With allowance cases this could be more difficult. I suppose you could recover the OP from the schedule, although that counts as recovery from LL, and, having set Mrs up on a new reference, pay the HB due on her claim. If it’s the same claim ref then that option disappears.

    Do I know what I'm doing? The jury's out on that........................

    #5255
    Neil Adamson
    Participant

    Thanks for that – I do appreciate there will be more difficulties when yoy are dealing with allowance.

    I am not convinced (unless anyone can point me in the right direction) that this is entirley within the regs but I can see why its done as it is easier for all concerned.

    #5256
    markp
    Participant

    That is why I pass the OP as a debit to the account It is recovery from the claimant and that is within the regs re OPRT and method of recovery.

    Some may say sharp practice but it is within the regs.

    Do I know what I'm doing? The jury's out on that........................

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