Terms & Conditions

[Neil Adamson]

I have been going back and forth with this one and would appreciate some input before I go mad (if that’s not too late!)

ETD received as claimant starts work. No new details provided so OP notification issued.

Few months later partner claims in own right, start date after date of OP on previous claim.

Many months later we receive appeal against original op. States he vacated immediately on getting his job (what a charmer) to move in with mum and wrote a letter confirming this which his ex partner was supposed to pass in. On checking her claim she has referred to a letter from her partner which was supposed to be included with her claim (but was not) confirming he had vacated and wished to be removed from tenancy.

Would this then make her a more suitable target for recovery?

[Kevin D]

I think there is a danger of over complicating the overpayment situation.

The O/P was paid to the original clmt. The clmt failed to notify the LA (a bottom line legal requirement) – it is not enough to rely on a third party. In any case, there is no official error. As there is no official error, the overpayment is recoverable irrespective of ANY other circumstances.

Now for the target. I’m assuming it is the CURRENT regs (i.e. as amended from April 2006) that apply. Based on the facts stated, I’m also assuming you have [b:b5dbfe5776]HBR 101(2)(a)(i)[/b:b5dbfe5776] in mind. If so, recovery can be “[b:b5dbfe5776]…from such other person, [u:b5dbfe5776]as well as[/u:b5dbfe5776] or instead of the person to whom the overpayment was made[/b:b5dbfe5776]” – my underline. So, you now have two targets.

As an aside, if it’s a late appeal, has the clmt requested an extension of the time limit AND satisfied the “special circumstances” requirement? If it’s an OOT appeal, there may be no need to worry about the guts of the appeal. In any case, there is no right of appeal against actual recovery and the clmt has no chance of avoiding being at least one of the targets.

Regards

[Neil Adamson]

Nice to hear from you.

Quite happy that it is recoverable.

the appeal is late but I can’t see the point in going down that line. All of our notifications were issued after he had left and he says his ex did not forward on any post. Can’t see TTS not allowing it can you?

So it would appear I have two legitimate targets for recovery. How about half each!

[Kevin D]

I see your point about the late appeal….. 🙂 .

Half each is wonderfully idealistic, but both targets will probably just give you the runaround. I’d go for the full amount from both until it is paid.

Regards

[Neil Adamson]

I didn’t realise you could do that! 😯

[Kevin D]

I think you can – the wording “as well as” makes that clear. And, that wording is clearly distinguished from “instead of”.

Only potential snag is that all recovery targets will need to have been notifed etc. So, you may still need to notify one (or more?) of the targets – usual rights of appeal / recon / statement of reasons apply.

Regards

[Neil Adamson]

Just to add some more to this one which has been stumbling along

The OP is for the period 07.11.05 to 18.12.05 and was identified on 19.01.06.

The partner has confirmed she was given a letter two weeks or so after he left after she requested one to confirm he had left and no longer wished to be on the tenancy.

She however did no put in a claim until Jan 06 and hence the OP.

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