Watford Borough Council

If we pay you too much Housing Benefit, this is known as an overpayment.

Watford Borough Council has a duty to safeguard public funds and will normally seek to recover any overpayments that occur

If the overpayment has been caused by the fact that you did not tell us about a change in your circumstances, we will usually look to recover the overpayment from you.

If the overpayment has been caused by a mistake that we have made, we will make a decision on whether it will be recovered from you. This will take into account if it was reasonable to expect that you would realise that had been overpaid or if you had contributed to the overpayment in any way.

If we give you too much benefit, we will send you a letter.

The letter we send you will inform you:

•why we gave you too much benefit
•how much the overpayment is
•if you have to pay back the amount

You will either be sent an invoice for the overpayment or we may recover the overpayment by making deductions from your ongoing Housing Benefit.

If you disagree with the decision that we have made that you have been overpaid, you can ask us to review our decision or submit an appeal.

Tenants

The tenant is responsible for paying any rent arrears that occur as a result of the reduced amount paid to the landlord.

If the tenant is currently receiving housing benefit, the overpayment will be recovered from future benefit payments by a weekly deduction. If payments are made direct to the landlord, the tenant's reduced entitlement will be reflected by the amount of the benefit payment that is issued every 4 weeks.

If the tenant is no longer receiving housing benefit, the overpayment may be recovered from other benefits or an invoice for payment may be issued.

Any claimant can ask for a review of a decision to calculate an overpayment. Any such request should be made within one month of the decision notice.

Landlords

If Housing Benefit is paid direct to a landlord, we may look to recover that overpayment from the landlord. This will depend on the reasons for the overpayment and if the landlord should have been aware that a change has happened that will affect the payment of Housing Benefit. (For example if their tenant has left the property).

Where the overpayment is owed by the landlord personally, he will be notified in writing of a decision to recover from him.

If the council has decided to recover an overpayment from a landlord it will issue an invoice or make deductions from that tenants' benefit paid to that landlord. The amount of these deductions should not be treated as rent arrears for those tenants, and the landlord must not try to recover the shortfall from them.

A landlord can write to the council at any time requesting a written statement of reasons for the recovery of an overpayment from him. Appeals against the decision of the council can be made.

A landlord can request a review where recovery is being sought from him personally; that is, where an invoice for payment has been issued to him, or a deduction is being made from the benefit he receives for one of his tenants. Any request for a review should be made within 1 month of the decision notice.

Important note: A landlord can only request a review where recovery is being sought from him personally; that is, where an invoice for payment has been issued to him, or a deduction is being made from the benefit he receives for one of his tenants.

The council may also decide to take criminal proceedings in respect of fraudulent overpayments.