'Blameless tenant' recovery

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Welfare Reform
Claims and payment
       Is it a new claim?
          Claim in and correctly made?
       Who can claim?
          Be old enough for a tenancy
          16 & 17 year olds
          Liable to pay rent
          Living in the property
          Low / moderate income
          Savings rules
          People from abroad
          Students
             Students & Income Support
             Students & Income Based JSA
             Students & Income Related ESA
          Care leavers
          Shared owners/equity
          Sale and rent back
          "Contrived tenancies"
       Couples
       Age of claimant
       Making a claim / notifying change
          Who should claim?
             Liable to pay rent
             Living in the property
             Couples- who should be the claimant?
             Couples where one is a student
             Couples on ESA
             Joint tenants
             Non-dependants
             Appointees
          How to claim?
             Provide info/evidence
                Required information
                Reasonably requested?
                NIno and Identity
                Hostels
                Time limits
                Access to DWP & HMR&C info
                HB have lost the information
             On HB already
             On Income Support
             On Income-Based JSA
             On Pension Credit
             On Incapacity Benefit
             On ESA
             Nil income
             How to claim- Others
             Rapid Reclaim
             JobCentre / CMS claims
             HB telephone claims
             Internet claims
             'Tele-claim/visit' procedure
             In & Out of Work processes
                Starting work
                Ending work
          Date of entitlement
          Backdating
             Backdating- Pension Credit age or over
             Backdating- under Pension Credit age
          Verification
          Period of claim
       Backdating
          Backdating- Pension Credit Age or over
          Backdating- under Pension Credit Age
          Good cause
       Payment of HB
          Date of entitlement
          Payment of HB-How quickly?
          Delays in payment
          Payment on account (Interim payments)
          HB direct to landlord
          Local Housing Allowance
          Frequency of payment
       Claim made defective (withdrawn)?
       HB on 2 homes?
       Info you can receive
       Hostels
       Waiting for Tax Credits
       People from abroad
       Moving home?
People from abroad
       PFA- Who can claim?
       NI Number requirement
       Immigration status test
          Who passes the Immigration Status test?
          Public Funds
          Sponsorship / maintenance undertaking
          Asylum seekers
          Refugees
          Exceptional leave
          Humanitarian protection
          Discretionary leave
          Temporary admission
          Settled status / Indefinite leave
          Evacuees
          Illegal immigrants
          Overstayers / awaiting deportation
          Appeals on leave
       Habitual Residence test
          Stage 1- Right to Reside
          Stage 2- Habitual Residence
       People from abroad- examples
       Nationality
          Common Travel Area
          British Citizens
          EEA original states
             Self employed EEA nationals
             EEA national 'worker'
             'Retired' EEA national worker
             Economically inactive EEA original national
             Partners of EEA original nationals
             Family members of EEA nationals
             Self sufficient EEA Nationals
          A8 states
             Self-employed A8
             A8 'worker'
             'Retired' A8 workers
             Economically inactive A8 nationals
             Partners of A8 nationals
             Family members of A8 nationals
             A8 worker registration scheme
          A2 states
             Self-employed A2
             A2 'worker'
             Economically inactive A2 nationals
             Partners of A2 nationals
             Family members of A2 nationals
             Authorised worker
          ECSMA / CESC
             Lawfully present
          Commonwealth countries
          Everywhere else
          Right of abode
          Dual nationality
          Family members of EEA nationals
          Right to reside - parent of child in education
          Right to reside- their child is British citizen
          Permanent residence
       Couples
       Fleeing violence
       Students
       HB claiming process
          Identity Card/ Residence Permit
       Deportees to UK
Tenancy Start/End
       Sign-up
          Helping complete the form
       Moving home
       Moving within LA area
          Date paid from
          Notification of change or new claim form?
          Evidence of change
          Time limits
          Moves prior to tenancy start date
       HB not paid from tenancy start date
          Moved in at tenancy start date?
          Claimed within time limits?
          Provided all information asked for?
       HB prior to moving in
          Awaiting the outcome of a social fund application
          Moving in from hospital or residential care
          Awaiting adaptations
          Two Homes- HB prior to move
       HB for notice period
          Moving to more suitable accommodation
          Staying in hospital
          Going to prison
          Fleeing violence
          Moving to residential care
          Overpayment following termination
       "Overlapping" rent liability
       What landlord must tell HB office
       Discretionary Housing Payments
       Former tenant arrears
How much HB?
       HB calculator
       Tenant's situation
          Working
             Tax Credits
             Off work sick?
             Overtime
             Not working regular hours
             Self-employed
             Agency work
             Return to work Credit
             In work Credit
          Starting work
             Extended payment
             HB suspended?
             Proof of earnings
             Tax Credits and HB
             Self-employed
             Return to Work Credit
             In Work Credit
             In & Out of Work process
          Incapacity Benefit
             Swapping from Incapacity Benefit to ESA
             Getting Income Support top-up?
             Not getting Income Support top-up
             Increasing HB
             Entitled to ESA?
          Employment & Support Allowance
             Couples on ESA
          Swapping from incapacity benefits to ESA
          On Pension Credit
             Pension Credit calculators
             Guarantee Credit?
             Savings Credit?
             Assessed Income Figure
             Assessed Income Period
             Who can claim Pension Credit?
          Students
          IS / IR-ESA / IB-JSA
          Government Training Scheme
          Off work sick?
          In hospital
          Transferred to ESA
          Couples on ESA
          Fostering
       HB calculation
          Web sites
          Manual calculation sheet
          Web-based HB calculator
       Eligible rent
          Service charges
          Eligible or ineligible?
          Meal and Fuel deductions
          Rent restriction
          Local Housing Allowance
          Rent free weeks
          Monthly rents
       Supported Housing
       Non-dependants
       Income
          Disregards
          Earnings
             Expenses
             Permitted earnings disregard
          Child care costs
          Unearned income and benefits
          Backdated arrears payments
          Miscellaneous income
          Notional income
          Nil income
          Additional earnings disregard
       Savings
          Tariff income
          Notional savings
          Diminishing notional capital
          Property
          Personal Injury Payments
       Needs ('Applicable Amount')
          Personal Allowances
          Premiums
          Family Premium
          ESA Components
          ESA and couples
          Disability Premium
          Enhanced Disability Premium
          Severe Disability Premium
          Disabled Child Premium
          Carer Premium
       Common mistakes
       Discretionary Housing Payments
       Increasing HB amount
Local Housing Allowance
       LHA- From what date?
       Rent figure used for LHA
       Broad Rental Market Area
       Setting the LHA
       Length of LHA awards
       Paying LHA
          Difficulty paying
          Unlikely to pay
       LHA overpayments
       Protected rent levels
       LHA appeals
       The £15 excess
Non-dependant deduction
       Welfare Reform - non-dependant deductions
       Amount of deduction
       Non-dependant on ESA
       Non-dependant working
       Highest deduction applied?
       Tenant or partner 65 or over
       Tenant or partner sick/disabled/blind
       Minimising deduction
       Non- dependant's change in circumstances
       Temporary stay
       HB won't accept that Non-dep has left
       HB won't accept that Non-dep isn't working
       Tenant can't obtain Non-dep details
       Non-dependant becomes joint tenant
Change in circumstance
       Swapping from incapacity benefits to ESA
       Away from the home
          Fleeing violence
          Prison and remand
             Electronic tagging
          Medical reasons / Hospital
          Caring
          Training
          Care home / respite care
          Holidays and other absences
          Home being repaired (decant)
          Crack house closure
       Starting / ending work
          In and Out of Work Process
             In & Out of Work Process-starting work
             In & Out of Work process-ending work
          Extended payment/4 week run-on
             Coming off IS, i.r. ESA, or i.b. JSA
             Coming off Inc Ben, C-ESA, or SDA
          Rapid reclaim
          Claiming Tax Credits?
          Return to Work Credit
          In Work Credit
          New Enterprise Allow / Self Employment Credit
       Death
          Bereaved partner
       Moving within L.A.
       Income changes
          Non-dependant changes
          Earnings change
          Change in Tax Credits
          Increases in other benefits /awards
          Other benefits stop or decrease
       Household changes
          Birthdays & Milestones
          Comings and goings
          Non-dependant changes
          Single to Couple / couple to single
       Sickness
       Rent changes
       Informing HB of changes
          Tenant duty to notify
          Landlord duty to notify
       Time limits to report changes
       Supersession and revision
       On Pension Credit
       HB on 2 homes
HB stopped?
       Why has HB stopped?
       Visits
       Interventions
       Suspensions
          Suspension due to fraud
       Terminations
       When HB must inform
Overpayments
       ALMOs and Councils
       Minimising impact of O'P on rent account
          Underlying entitlement
          Reduce recovery rates
       Is the O'P recoverable?
          Cause of overpayment
             Official error- overpayments
             Tenant's change of circumstances
             Fraud
                Suspension due to fraud
                Fraud Act
             Death as a cause of overpayment
             Tenancy termination
             Abandonment
             Errors in rent
             Payment on account ('Interim payments')
             More than one cause
          Is it HB error?
          Who to recover from?
          To recover or not?
       Recovery Methods
          Recovery from Councils / ALMOs
          Landlord invoiced for O'P
          Recovery from schedule
          From tenant's HB
          From arrears of HB due
          Other ways from tenant
          From former tenant
          From both landlord AND tenant
          From previous landlord
          From tenant's partner
          'Blameless tenant' recovery
          When moving home
          Recovery from bankrupt  / DRO
          Changing target of recovery
          When recovery should start
       Challenging an Overpayment
          Challenging recoverability
          Challenging who repays
          Overpayment Appeals
             Who can appeal overpayments?
             Helping tenant appeal an overpayment
             Time limits to appeal overpayments
          Time limits to challenge O'Ps
          Challenging general O'P issues
          When not to challenge overpayments
          Old overpayments
       Is the O'P correct?
          Is the O'P procedure correct?
          Is the amount correct?
             Underlying entitlement applied?
             Assessed correctly?
             Overpaid due to savings?
                Diminution of capital rule (O'Ps)
          Overpayment dates correct?
          Is the O'P recoverable?
             Cause of overpayment
             Who to recover from?
          Correct recovery method?
          O'P notified correctly?
             What notification should include
             Who should be notified?
             Notification inadequate?
                'Reasons' in O'P notification
             When recovery should start
          Tenant actually overpaid?
          Backpayments of Tax Credits
       Must I repay it? (RSL/private only)
          Who should repay the O'P?
          Abandonment
          Landlord told HB about tenant fraud
          Repayment agreements
          Threats
          Already recovered from landlord
       Reduce O'P by underlying entitlement
       Overpayments Good Practice
          Preventing overpayments
             Preventing O'Ps due to fraud
          Repaying overpayments (RSL / private)
          Notifying the tenant of an O'P
          Good Practice in Challenging
          Helping tenant with the O'P
          Liaison with HB office
       Is it arrears?
Challenging HB office
       The dispute process
       Time limits for challenging
       Who can challenge?
       Statement of reasons
       Revisions
       Appeals
       Challenging general issues
       Official error
       Negotiate instead
       Case law
       What to challenge?
Help for homebuyers
       Who cannot get help with mortgage costs?
       Which benefits can help?
       Mortgages taken out whilst on IS/IRESA/IBJSA/PC
       Liable for housing costs
       How much help with mortgage etc?
       When are housing costs paid from?
       Housing costs - linking rules
       Housing costs - repairs and improvements
       Housing costs - leasehold major works
       How to claim help with housing costs
       Shared Equity /  Shared Ownership
       Mortgage Interest Run On
       Homebuyers' service charges
       Help with Support Related Costs
Useful tools
       Newsletters
          Archived newsletters
       Which benefit?
          Attendance Allowance
          Bereavement benefits
          Child Benefit
          Child Tax Credit
          Council Tax Benefit
          Disability Living Allowance
          Discretionary Learner Support Fund
          16-19 Bursary
          Education Maintenance Allowance
          Employment & Support Allowance
          In Work Credit
          Incapacity Benefit
          Income Support
          Industrial Injuries Disablement Benefit
          Jobseekers Allowance
          New Enterprise Allowance
          Pension Credit
          Return to Work Credit
          Second Adult Rebate (Council Tax)
          16/17 year old
          Social Fund
          State Retirement Pension
          Statutory Sick Pay
          Students in Advanced education
          Supporting People Subsidy
          War Disablement pension
       Benefit Rates 2012
       Benefit Rates 2011
       Benefit Rates 2010
       Benefit rates 2009
       Summary sheets
       Law and Guidance
          HB Circulars
          HB Bulletins
          DWP Guidance Manuals
          Caselaw
             Claims and Payment Caselaw
             Tenancy start/end caselaw
             Overpayments caselaw
             How Much? caselaw
             Changes in circs caselaw
             HB Stopped? caselaw
             Challenge HB caselaw
             People from abroad caselaw
          Case-law update
          Regulations
          Pension Credit Age
       Good arrears practice
          Arrears direct / Direct deductions
          Financial statement
          Good practice at tenancy start
          Good practice in working with the HB office
          Good practice with overpayments
          Good practice at tenancy end
          HB Office good practice ideas
          Maximise tenant's income
          Discretionary Housing Payments
          Protocol for possession claims based on rent arrea
          First Right of Appropriation
       Recent questions
Leaflets, flyers & guides
Standard letters
       Users' successes with standard letters
       Claims and Payment letters
       Changes in circs letters
       Tenancy start / end letters
       Overpayment letters
       "How much HB?" letters
       "HB stopped?" letters
       "Challenging HB" letters
       Good Arrears Practice letters
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Housing Systems Limited | 1 Stable Courtyard | Broughton Hall Business Park | Skipton | BD23 3AE

Tuesday, May 22, 2012

Recovery from Councils / ALMOs | Landlord invoiced for O'P | Recovery from schedule | From tenant's HB | From arrears of HB due | Other ways from tenant | From former tenant | From both landlord AND tenant | From previous landlord | From tenant's partner | 'Blameless tenant' recovery | When moving home | Recovery from bankrupt / DRO | Changing target of recovery | When recovery should start