Policy Objectives
1 To ensure;
- compliance with the Housing Benefit Regulations 2006, the Housing Benefit Regulations (State Pension Credit) Regulations 2006, the Council Tax Benefits Regulations 2006, the Council Tax Benefit Regulations (State Pension Credit) 2006 and best practice in the decision, notification and recovery of overpayments;
- the recovery of overpayments is maximised;
- discretionary decisions re recoverability and recovery rates are reasonably made;
- effective recovery methods are used;
- claimants are notified about overpayment decisions in the prescribed manner
- that claimants know their rights to request a review or appeal against overpayment decisions;
- operational procedures satisfy internal and external audit considerations, and are being followed accurately;
- performance targets seek continuous improvement, and;
- support for the Council’s mission, corporate objectives and values.
Policy Statement
2.1 The Council is committed to operating a policy for the decision, notification and recovery of overpayments which is fair and equitable, and which complies with the HB/CTB Regulations and best practice. The Council recognises that effective recovery of overpayments is not achieved if debtors do not believe that operational procedures have been accurately followed, and they have been given the opportunity to make representations about their circumstances.
2.2 The Council takes account of all relevant information when making discretionary decisions about overpayments relating to recoverability and rate of recovery. The Council does not operate blanket procedures that would result in their discretion being fettered; nor does it ignore relevant information that would assist making good quality discretionary decisions.
2.3 The Council ensures that claimants and landlords know their rights to request a review or appeal against decisions relating to overpayments, within the HB and CTB (Decision-Making and Appeals) Regulations 2001 (DMA Regulations). Where review and appeal rights are available to debtors the Council actively promotes their use as a speedy and effective way to resolve disputes.
2.4 The Council provides for internal checks and quality control mechanisms to ensure the correct application of this policy. The Council also ensures that counter fraud operational procedures satisfy internal and external audit considerations. Policies and strategies are adopted by the Council, who require their decisions to be applied consistently on behalf of the community.
2.5 The Council seeks to recover overpayments, taking into account the guidance provided by the Department for Work and Pensions (DWP), relating to the rate of recovery for different claimant circumstances. Attempting to recover overpayments at inappropriate rates promotes resistance to the debt, resulting in costly administrative procedures and avoidable anxieties amongst already vulnerable members of the community.
2.6 The Council will review this policy every March.
Last reviewed March 2019 Last published March 2019