Over Payments
With effect from 1 April 2010 regulation 104(A), The Housing Benefit Regulations 2006 allows an overpayment from a previous property to be offset against the claimant's housing benefit (HB) on the current property where the Housing Benefit is payable to the same person.
So what happens if a tenant made a false claim for benefits last year and moves into your property?
The Benefits Office may deduct the over payment from their Local Housing Allowance. This may result in them falling into arrears with you.
In the situation where you were the recipient of the monies [Local Housing Allowance] from the Council and it transpired the Tenant had received an overpayment the Council could still recover monies from you.
Where the overpayment was made to the Landlord or Agent for the Landlord may receive a bill for repayment or notification of deductions from future payments of housing benefit or other benefits the Landlord may be receiving in respect of other tenancies.
The Landlord will then have to recover the monies from the Tenant who had made the original claim that had resulted in over payments of benefits.
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