Housing Systems: Combating poverty and sustaining tenancies.
Overpayments: Is it Recoverable?

What the Regulations say
Working age HB Regulation 100/Pension age HB Regulation 81 states that all overpayments are recoverable unless:
  • Caused by official error, and 
  • The claimant (or someone acting on their behalf) did not materially contribute to the error, and 
  • The claimant (or someone acting on their behalf), or anyone to whom the HB was paid (eg a HA / private landlord), could not reasonably have been expected to realise there was an overpayment.
Overpayments have different causes, which can impact on how they are appealed - and also who can submit the appeal about recoverability - in the main this will be the claimant. But for HA and private landlords where the overpayment is deemed recoverable from them, they may wish to appeal recoverability too. 
And note that a duplicate payment when HB has continued after someone moves onto UC is a non-recoverable payment as far as the HB office is concerned, but will be taken into account as income for UC. More here.
Click on the links below for more information.

Who Caused It?

What has happened to cause the overpayment?

Official Error

What if the overpayment has been caused by official error?

Landlords Must Pay

Which overpayments should a landlord repay?

'Old' Overpayments

What about 'old' overpayments?

Discretion Not to Recover

Can the HB Office ever use their discretion not to recover an overpayment?

Notification Issues

How and who should be notified about the overpayment?