Protocol for possession claims based on rent arrears

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Welfare Reform
Claims and payment
       Is it a new claim?
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       Who can claim?
          Be old enough for a tenancy
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       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
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             Joint tenants
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             Appointees
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             Provide info/evidence
                Required information
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                NIno and Identity
                Hostels
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                HB have lost the information
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          Good cause
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          Date of entitlement
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          Delays in payment
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          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       Claim made defective (withdrawn)?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
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          Public Funds
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             Authorised worker
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          Commonwealth countries
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          Evidence of change
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       HB not paid from tenancy start date
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          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
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          Two Homes- HB prior to move
       HB for notice period
          Moving to more suitable accommodation
          Staying in hospital
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          Fleeing violence
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          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
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       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
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       Appeals
       Challenging general issues
       Official error
       Negotiate instead
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       What to challenge?
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       Good arrears practice
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          Financial statement
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          Protocol for possession claims based on rent arrea
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Housing Systems Limited | 1 Stable Courtyard | Broughton Hall Business Park | Skipton | BD23 3AE

Tuesday, May 22, 2012

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