statute barred housing benefit overpayments – hbinfo

statute barred housing benefit overpayments

This topic has 3 replies, 1 voice, and was last updated 12 years, 6 months ago by jamcon.

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September 10, 2010 at 12:58 pm #21898

Anonymous
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If a housing benefit overpayment is staute barred ( ie no contact for 6 years) can the overpayment still be recovered from ongoing benefit ( claw back) or attachment of benefit
feed back much appreciated
liz

September 13, 2010 at 9:27 am #6023

Naomi Armstrong
Participant

We sucessfully defended this at our County Court this year.
Thanks
Naomi

September 13, 2010 at 9:32 am #6024

Naomi Armstrong
Participant

We sucessfully defended this at our County Court this year.
Thanks
Naomi

September 13, 2010 at 9:51 am #6025

jamcon
Participant

The limitation period is for suing for a judgement in court only. This is the accepted view, but the waters were muddied by a High Court decision Murphy Joseph v The London Borough of Newham [2009]. Here the judge stated the limitation act did apply to deductions, although these remarks were obiter to the actual decision he had to make. However, the Court of Appeal in National Westminster Bank Plc v Powney and others [1989] confirms the limitation act only applies to suing for a judgement, not administative acts such as deductions from benefit.
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