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An overpayment is an amount of Benefit that has been paid, but for which there was no entitlement under the Regulations.
An example would be if a claimant failed to tell the Council that their income had increased, and a recalculation of their entitlement meant that they had been paid too much Benefit.
A fraudulent overpayment may occur when a person has deliberately provided a false statement or document, or has deliberately failed to report a change of circumstances with the intention of obtaining or retaining Benefit.

How Does the Council Deal with Overpayments?
The rules concerning the administration of Benefit overpayments are contained in the Housing Benefit Regulations and other subsequent legislation. The Council has a duty to implement these legal provisions, and has a duty to recover overpayments from tenants and landlords.
The Council may also decide to take criminal proceedings in respect of fraudulent overpayments.

Who is Overpayment recoverable from?
An overpayment is recoverable from either the person who caused the overpayment, or the person who received the overpayment.

What will happen if an Overpayment is not Repaid?
Where an invoice addressed to a landlord remains unpaid, or an agreed arrangement to repay the debt over time is not being maintained, the Council may take action in the County Court.