Housing Benefit Subsidy Awareness & hb Overpayments

Thursday, 16th January, 2025.   NOW FULL

Thursday, 13th February, 2025.  EXTRA DATE

Full-Day Workshop: (9:40 - 4:30)  

Workshop Fee:  £270   (No VAT)

 Book 3 places and receive a 4th place FREE.

Also available for In-House Bookings - Online or at your own training venue. 

Housing Benefit Subsidy Awareness & Housing Benefit Overpayments

Two thematically linked topics where mistakes cost money! 

Available for In-House Bookings for individual organisations, either On-Site or Online. 

A session divided between subsidy awareness, especially ensuring that expenditure on non-general needs accommodation is correctly accounted for, and that the most subsidy-efficient procurement models are being maximized when placing homeless clients in temporary accommodation. Paired with overpayments - calculation, recoverability, from whom recoverable, notification and appeal rights.

NOTE: The overpayment session is about the decision-making aspects of overpayments – this Workshop is NOT aimed at people involved in debt recovery, and we do NOT look at issues such as DWP deductions, attachment of earnings, insolvency, etc.

The day begins with an overview of the HB subsidy arrangements: Where to find the law governing HB subsidy and the official DWP guidance, and a brief account of the external audit process.

 We then move on to look at HB subsidy in several key areas, beginning with War Pensions / Armed Forces compensation payments where two problems typically arise:

• Making sure that payments attracting 100% disregard under the HB Regulations are identified;
• Identifying payments that are eligible for inclusion in a local scheme – especially enhanced / early payment of occupational pensions (SIP and SAP). 

Next we consider subsidy issues around HB eligible rent, including Rent Officer referrals and the complex array of procurement models used to provide temporary accommodation to homeless people, especially those with support needs. Paying the wrong amount of HB, or claiming the wrong rate of subsidy, can result in underclaimed subsidy or disputes with auditors about alleged overclaims. In the first half of this Workshop, we separate out all the issues and thoroughly analyse the implications for both HB entitlement and government subsidy:

• Accommodation that satisfies both the definitions of “temporary accommodation” and “exempt accommodation”: Which takes precedence? 
• Whether the accommodation is owned, leased or licensed by the LA, and the duration of the lease;
• Whether a registered HA is used as an intermediary (eg “HALS” placements);
• Whether the local authority is a registered provider of social housing in England with an HRA;
• Whether the accommodation falls within the definition of “board and lodging accommodation” or “hostel”;
• When the benefit cap does and does not apply;
• When the HB eligible rent is restricted;
• Out of borough temporary accommodation placements:

                          o Which LA administers the HB award and how does this affect subsidy?

We then turn our attention to overpayments, focusing on the most common mistakes:  

• · Subsidy category: a recently emerging issue picked up by auditors is Cell 27 (non-HRA rebate “technical” cases) – when should this category be used
• · Underlying entitlement and time limits – both before and after the initial overpayment decision is made;
• · Diminishing capital – a very frequent error is to omit this important step in the calculation;
• · Correctly identifying whether and from whom the overpayment is recoverable – claimant, landlord or both.

Presented by Peter Barker, a hugely experienced trainer, appeals presenter and submission writer. He started as a local authority appeals officer in the 1980s, and for many years he has represented local authorities in England, Wales and Scotland at both First-Tier and Upper Tribunal level. Tribunal Judges frequently comment on the high quality of Peter’s submissions. He combines a wealth of first-hand experience with expert knowledge of adjudication legislation and has a real enthusiasm for the topic.

Topics Covered:

1. HB Subsidy Awareness:

• Overview Of The Subsidy Regime

                   o The Subsidy Order

                   o External audit

• War Pensions

                   o Identifying 100% disregarded payments in HB Regs

                   o Identifying payments eligible for local disregard

• Rent Officer Referral

                  o Cases that still need referral

                  o Effect on HB award and subsidy rate

                  o Exempt accommodation and other cases

• Homeless Temporary Accommodation

                  o Definition for subsidy purposes

                  o Tenure / procurement

                  o English LAs and social housing regulation

                  o Definition for HB/UC entitlement purposes (NB: Not the same as the subsidy definition!)

                  o Overlap with “exempt” and “specified accommodation”

                     § Which takes precedence?

                  o HB entitlement v HB subsidy

                  o Out of borough placements

2. HB Overpayments:

• Subsidy Classification                     

                     o Including non-HRA “technical” overpayments

• Underlying Entitlement:

                    o Partners

                    o Changes of address

• Diminishing Capital
• Whether And From Whom Recoverable
• Methods Of Recovery

Contact us for In-House booking information  for this topic.