Housing benefit - overpayments
Watford's Revenues and Benefits Service has a duty to safeguard public funds and will normally seek to recover any overpayments that occur.
An overpayment occurs when housing benefit is paid to which there is no entitlement. This generally happens when the claimant or landlord does not tell us about a change in his or her circumstances
Tenants
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.
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 not currently receiving housing benefit, the overpayment may be recovered from other benefits or an invoice for payment may be issued.
Landlords
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 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.
Where the overpayment is owed by the landlord personally, he will be notified in writing of a decision to recover from him. Any request for a review should be made within 1 month of the decision notice.
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 counci can be made - see section 'Housing benefit - appeals'.
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.
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.
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