A common problem landlords who accept housing benefit face is the local authority asking for money back after they have overpaid. This only applies to landlords who receive the housing benefit payment direct.

When a local authority is deciding to recover an overpayment, they must first consider “is the overpayment recoverable?” which is dealt with here (regulation 100 HB regs 2006). Then, the local authority must decide “from whom is it recoverable?” The answer to which is  below.

An overpayment is never recoverable under common-law. It is only recoverable under s.75 Social Security Administration Act 1992 and Part 13 Housing Benefit Regulations 2006. [The Queen on the application of Child Poverty Action Group V Secretary Of State For Work And Pensions [2009] EWCA Civ 1058]

What is an overpayment?

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