Withholding HB payment to Landlord

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    I would appreciate any advice on this, we pay HB entitlement directly to a Landlord who has an outstanding sundry debt for building work with the Council.

    Can we withhold the payments that we pay him for his tenants housing benefit until he pays the Council what he owes or could we use the HB payments to recover the debt.

    Thanks for any help


    You can’t withold HB ever (and have not been able to do so for 10 years), and in any case you can’t recover from HB a debt owed to the Council for anything else. Strictly not lawful

    John Boxall

    Could the section that the debt is owed to take legal action to recover it from the HB paid to their debtor?

    Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

    Wilkins Micawber, Ch12 David Copperfield


    No, because HB can’t be appropriated. Don’t forget it’s not the Council’s money at the end of the day. We pay it out on behalf of the Secretary of State

    Kevin D

    I agree with Chris. HB is “inalienable” – s.187 SSAA 1992.

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