Overpayments, Recovery and Enforcement
This course is suitable for overpayment staff, housing benefit staff, advice workers, customer services staff.
Duration: 1 day
This course is designed to provide delegates with a comprehensive understanding of regulations surrounding HB/CTB overpayments and subsidy implications, as well as best practice and how to deal with overpayments from creation to recovery and enforcement of the debt through the County Court. The course includes underlying entitlement, case law and diminution of capital. The course is supported by group discussion, practical exercises and a desk aid.
Learning Outcome
At the end of this course entrants will be able to accurately identify, calculate and classify HB overpayments and CTB excess benefit. They will know when to apply the underlying entitlement rule and decide if the overpayment may be recovered or not, and if so, by what method and from whom. Delegates will also develop a working knowledge of the County Court and be able to complete the necessary paperwork to pursue outstanding debts by making use of the various enforcement options that are available.
Identifying the overpayment
- Definition of an overpayment
- How overpayments occur
- Period of the overpayment
- Calculating the amount
- Establishing the cause
- Classifying the overpayment
- Exercise
Is the overpayment recoverable or not?
- Recoverable overpayments
- Non-recoverable overpayments
- Case law
- Choosing whether to recover
- The Subsidy Implications
- Diminution of Capital Rule
- Exercise
Recovery
- From whom?
- Notification & Right of Appeal
- Methods of recovery
- Rate of recovery
- Exercise
Enforcement (County Court)
- Limitations Act
- Which Court has jurisdiction?
- Model forms
- Fees/costs
- Interests that can be charged
- Enforcements: including warrants, attachments, etc.
- Suspending enforcement action
- Practical exercises and examples