The Housing Benefit (Welfare Supplementary Payment) Regulations (Northern Ireland) 2017

Recovery of overpayment: circumstances N.I.

8.—(1) The Department may recover an amount of a welfare supplementary payment paid in excess of entitlement (an “overpayment”) in each of the following four cases.

(2) The first case is where the overpayment is made in consequence of a misrepresentation of or failure to disclose a material fact made, whether fraudulently or otherwise, in connection with the claim for housing benefit to which the welfare supplementary payment relates.

(3) In the first case, recovery may be made from—

(a) the landlord of the claimant for housing benefit, and

(b) the claimant, and

(c) if the claimant has a partner, the claimant’s partner, and

(d) if the person who made the misrepresentation or failed to make the disclosure was a person other than the claimant or the claimant’s partner, that other person.

(4) The second case is where the overpayment is made in consequence of—

(a) a failure to notify a relevant change of circumstances under regulation 6 above or under regulation 84 of the Housing Benefit Regulations in connection with the claim for housing benefit to which the welfare supplementary payment relates, or

(b) giving either of those notifications only after an unreasonable delay.

(5) In the second case, recovery may be made from—

(a) the landlord of the claimant for housing benefit, and

(b) the claimant, and

(c) if the claimant has a partner, the claimant’s partner, and

(d) if the person who failed to give the notification or did so only after an unreasonable delay was a person other than the claimant or the claimant’s partner, that other person.

(6) The third case is where the overpayment is made in consequence of a mistake, whether in the form of an act or omission, by the Housing Executive or the Department or by an officer of the body in question or a person providing services to it.

(7) In the third case, recovery may be made from—

(a) the landlord of the claimant for housing benefit, and

(b) the person to whom the overpayment was made, and

(c) if that person is the claimant for housing benefit and has a partner, that person’s partner.

(8) The fourth case is where the overpayment is made in consequence of—

(a) an increase in the amount of an award of housing benefit on an appeal against the amount of the award, and

(b) the making of a payment of welfare supplementary payment pending that appeal.

(9) In the fourth case, recovery may be made from—

(a) the landlord of the claimant for housing benefit,

(b) the claimant and, if the claimant has a partner, the claimant’s partner, and

(c) if the overpayment was made to another person on behalf of the claimant, that other person.

(10) In the first or second case, recovery may be made whether or not a right of appeal was exercisable in respect of housing benefit to which the entitlement to the welfare supplementary payment relates.

(11) “Partner” has the same meaning as in the Housing Benefit Regulations; and, accordingly, if the claimant is a member of a polygamous marriage, a reference to the claimant’s partner is a reference to any of his or her partners.

Commencement Information

I1 Reg. 8 in operation at 20.2.2017, see reg. 1(2)