We have just requested direct payment of the Housing benefit/LHA from the council of a tenant who is more than 2months/8weeks in arrears and quoted regulation 95 and also supplied them a rent statement for the tenancy in question. This council is in a different area to the one I deal with normally who pay directly without question.
However this (new) council have asked for a declaration to be signed which I am not happy with which is:
“If you pay me too much HB for any tenant, I must repay it. You can take the amount of overpaid benefit from the HB I get for any other tenants. This will not affect their rent”
Surely the council cant add a extra requirement at local level to a housing Act? My understanding is the council first have to chase the person who has withheld a material fact which is normally the tenant.
What do do think Adrian and would you have a suggested reply back to them.