Clawback
Housing Benefit Overpayment

Defender
Defender
1 Thanks
81 Posts
12 years ago
0
Dave -

Hi, I have been reading in a confused manner the clawback clauses rested in the Housing Benefit Regulations 2006 and would appreciate your guidance.

Clause 101 deal with person from whom recovery may be sought and starts :
"For the purposes of section 75(3)(a) of the Administration Act[181] (prescribed circumstances in which an amount recoverable shall not be recovered from the person to whom it was paid), the prescribed circumstance is—"

It then goes on to say :

"(d) the relevant authority is satisfied that the landlord—

(i) has not colluded with the claimant so as to cause the overpayment;

(ii) has not acted, or neglected to act, in such a way so as to contribute to the period, or the amount, of the overpayment."

Does this mean that if I've been a good lad and not misled the Council they cannot recover an overpayment from me?

Many thanks

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