§ Mr. Simon ThomasTo ask the Secretary of State for Social Security what assessment he ha made of the effect of the repeal of Regulation 100 under the Child Support, Pensions and Social Security Act 20110 on the ability of local authorities to seek recovery if overpayment of Housing Benefit. [156339]
§ Angela EagleRegulation 100 of the Housing Benefit (General) Regulations was revoked to simplify the procedure for local authorities to recover Housing Benefit overpayments. The regulation duplicated the primary power set out in section 75(1) of the Social Security Administration Act 1992 and had caused some administrative confusion.
The revocation did not alter the powers of local authorities to seek recovery of a Housing Benefit overpayment once it had been decided that the overpayment was recoverable.
§ Mr. Simon ThomasTo ask the Secretary of State for Social Security what the procedure is for appealing against the decision of a rent officer regarding the amount of Housing Benefit to be paid to an individual. [156340]
§ Angela EagleRent Officers do not decide the amount of Housing Benefit payable to a person. The amount of Housing Benefit to be paid is determined by the relevant local authority after they have considered the claim under the Housing Benefit (General) Regulations. If a person disagrees with their award they may appeal against this decision.
Where the Housing Benefit award against which an appeal is made is based on the level of rent set by a Rent Officer, or if the local authority believes the Rent Officer's decision may be erroneous, the local authority has the power to arrange for the Rent Service to revisit the decision. This action is carried out by a Rent Officer other than the one who made the original decision, and normally one from a different rent registration area.