Jane Autherson. HB/CTB Overpayments Policy DWP

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1 Jane Autherson HB/CTB Overpayments Policy DWP

2 Today s s presentation Amendments made to the HB/CTB Overpayments Guide Insolvency and the recovery of overpayments

3 HB/CTB Overpayments Guide Classification and recoverability chapter: New definition of a Fraud overpayment Reporting changes to different departments within the LA LA official error and Administrative delay overpayments

overpayment Reporting changes to different departments

4 HB/CTB Overpayments Guide Classification and recoverability chapter (contd( contd) Suspension when further information is needed Sufficient information provided by a third party In and Out of Work Processes Council Tax liability and Council Rental liability ceases

needed Sufficient information provided by a third party In and

5 HB/CTB Overpayments Guide Calculation of overpayments chapter: Calculating change of address overpayments and what subsidy can be claimed Pre-April 2010 Post-April 2010

6 HB/CTB Overpayments Guide Recovery of overpayments chapter: Who overpayments are recoverable from Post- April 2009 Recovery from a partner, including income- related benefits Recovery via council rent accounts Referral process to Debt Management

Recovery from a partner, including income- related benefits

7 HB/CTB Overpayments Guide Case law and regulations chapter: Completely rewritten Summary of selected cases for each regulation Sample of issues LAs must consider in calculating, classifying and recovering overpayments

cases for each regulation Sample of issues LAs must

8 HB/CTB Overpayments Guide Courts and civil proceedings chapter: Time limits for recovering overpayments in Scotland 20 years England and Wales Methods of enforcement Scotland Methods of diligence

9 HB/CTB Overpayments Guide: Methods of diligence: Charge for payment Attachment Exceptional attachment Earnings arrestment Arrestment Money attachment Inhibition Sequestration

10 Insolvency Bankruptcy Sequestration Trust Deed Administration Order Individual Voluntary Arrangement Debt Arrangement Scheme Debt Relief Order

11 Bankruptcy Sequestration Trust Deed (TD) Was the overpayment decided prior to the bankruptcy, sequestration or TD being made? Yes The overpayment can only be recovered by making deductions from ongoing HB or prescribed benefits until the bankruptcy, sequestration or TD is discharged No The overpayment can be recovered both during and after the bankruptcy, sequestration or TD is discharged, using any recovery methods Is the overpayment fraudulent? (As defined in the Classification and recoverability chapter, earlier in this guide) No Yes Any amount outstanding must be written off when the bankruptcy, sequestration or TD is discharged When the bankruptcy, sequestration or TD is discharged, the fraudulent overpayment can be recovered using any recovery methods

recovered both during and after the bankruptcy, sequestration or TD is discharged, using any recovery methods Is the overpayment fraudulent?

12 Administration Order (AO) Individual Voluntary Arrangement (IVA) Debt Arrangement Scheme (DAS) Was the overpayment included in the AO, IVA, or DAS? Yes No The overpayment can only be recovered by making deductions from ongoing HB or prescribed benefits until the AO, IVA or DAS is discharged Any amount outstanding must be written off when the AO, IVA or DAS is discharged, including overpayments classified as Fraud, (as defined in the Classification and recoverability chapter, earlier in this guide) The overpayment can be recovered both during and after the AO, IVA or DAS is discharged, using any recovery methods

outstanding must be written off when the AO, IVA or DAS is discharged, including overpayments classified as Fraud, (as defined in the Classification and

13 Debt Relief Order (DRO) Was the overpayment included in the DRO? Yes No The overpayment can only be recovered by making deductions from ongoing HB or prescribed benefits until the DRO is discharged The overpayment can be recovered both during and after the DRO is discharged, using any recovery methods Is the overpayment fraudulent? (As defined in the Classification and recoverability chapter, earlier in this guide) No Yes Any amount outstanding must be written off when the DRO is discharged When the DRO is discharged, the fraudulent overpayment can be recovered using any recovery methods

can be recovered both during and after the DRO is discharged, using any recovery methods Is the overpayment fraudulent?

14 Contact details Jane Autherson Tel:

Housing Benefit and Council Tax Benefit Circular. For information. Overpayments guidance:

Housing Benefit and Council Tax Benefit Circular Department for Work and Pensions The Adelphi, 1-11 John Adam Street, London WC2N 6HT HB/CTB A13/2006 ADJUDICATION AND OPERATIONS CIRCULAR WHO SHOULD READ