Where a local authority, having paid housing benefit in excess to a landlord, sought to recover that excess from him, it could not do so otherwise than in accordance with the regulations which provided for this. It was not open to the authority to deduct any overpayment from later payments, and if it did so, the landlord had the standing to reclaim the deducted amounts as a debt. Such a claim was not subject only to judicial review of the authority’s actions as part of public law.
Citations:
Times 22-Dec-1999, Gazette 17-Dec-1999
Statutes:
Housing Benefit (General) Regulations 1987 (1987 No 1971)
Jurisdiction:
England and Wales
Housing, Benefits, Landlord and Tenant, Local Government
Updated: 10 May 2022; Ref: scu.82620