A "person affected" by an overpayment can appeal about any matter relating to the overpayment.
A "person affected" will be:
- The person who was overpaid (ie the claimant), and
- Anybody the HB Office can / are trying to recover the overpayment from. This could be the claimant's partner, or a HA / private landlord if the HB had been paid direct to them for the period of the overpayment.
Note: Council Housing Depts and ALMOs do not count as landlords, therefore HB overpayments cannot be recovered from them, therefore they do not have a right to appeal. But if you work for this type of landlord, you can still help the claimant to appeal or appeal on their behalf with their authorisation.
An appeal can only be submitted where a decision has actually been made. This means discretionary 'decisions' such as who to recover the overpayment from when more than one person could be the target, are not appealable.