Cicular A59/1998:
[i:43edf57716]Section 16 of the Fraud Act 1997 added subsection 7 to section 75 of the Social Security Administration Act (SSAA) 1992 . This provides that Housing Benefit (HB) overpayments that are not recovered by deductions from prescribed benefits may be recovered by execution in the County Court in England and Wales, as if under a court order; and in Scotland as if it were an extract registered decree arbitral. Regulation 2(4) of The Housing Benefit (Recovery of Overpayments) Regulations 1997 and Regulation 105(1) of the Housing Benefit (General) Regulations set out the prescribed benefits for the purposes of subsection 7.
The provision introduced by the Fraud Act aligns the recovery of Housing Benefit with other Social Security Benefits. It brings Housing Benefit overpayment determinations within existing County Court rules in England, where, by any Act or Statutory Instrument, enforcement of “awards” of Tribunals can be made as if under a court order, without the need for a court judgment first.
In England and Wales section 75(7) of the SSAA 1992 allows a Housing Benefit overpayment determination to be registered as an order of court. Under Order 25, rule 12 of the County Court Rules an application is made on form N 322A (a County Court form) which includes a certificate confirming the amount due, together with the overpayment determination (duplicate is acceptable) and the appropriate court fee.
The application is made ex parte by filing the documents with the fee. In the application it is advisable for the applicant to confirm in writing whether the respondent has exercised his right of appeal, although there is no actual provision for this on form N 322A. Any appeal against the determination must be made according to the benefit review procedures (Part XI of the Housing Benefit (General) Regulations 1987) and not to the County Court, which is only involved in enforcing the determination.
If the County Court grants such an order it can be enforced as if it were a County Court judgment. A copy of the order will be sent to the applicant and debtor.
The cost of submitting an N322A form is £30.00, the cost of these Court fees are transferable to the Debtor.[/i:43edf57716]
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