recovery from partner

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    I know this has been discussed before but I hope you will forgive me for raising this again.

    Partner wrote to us in Dec 04 and submitted an application form in her own name advising us that she has seperated from her husband who had been sent to prision.

    We continued to pay HB in error on the husband’s claim.

    His claim was eventually ceased an an overpayment created for the period Dec 04 to April 05.

    As yet no decision has been made on the partner’s claim for this period.

    I understand that we cannot recover the overpayment made to the husband form the wife’s ongoing HB as he is no longer in the household.

    However can we recover the overpayment for the period Dec 04 to April 05 from the arrears of HB due to her for this period, when we assess her claim?

    Otherwise should we invoice her for the overpayment and send out the arrears of HB due to her?

    A further concern is the fact that the overpayment was due to official error. Given that she had claimed in her own name and believed that she was entitled to the payments we were making and also that the husband is in prison – arguably neither claimant nor partner could reasonably be expected to have realised they were being overpaid.

    To give the complete picture all payments are being made to the landlord.

    Any suggestions?


    Has she requested that her Housing Benefit also be paid to her landlord?

    You cannot recover the op from her Housing benefit, but you could invoice the landlord, and explain to them that they will be paid again for the same period once her claim is sorted out – I am assuming that it will run consecutively. Or recover via blameless tenant route from landlord aggregate cheque?

    Or – you could write to her explain what has happened and ask her permission to recover the HB from the arrears of Hb credit that are going to be created. Although the legislation does not allow this – if she agrees then it should not be a problem.

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