Bill irvine

Registered with Property118.com
Wednesday 7th August 2013


Latest Comments

Total Number of Property118 Comments: 114

Bill irvine

15:37 PM, 18th August 2021, About 9 months ago

DWP - overpayment of a deduction?

DSR

Good to see there’s at least one sensible officer, adopting the simplest solution approach. Nevertheless, keep a copy of the exchange just in case, sometime down the line, DWP attempt recovery. I would also ask the tenant to acknowledge the refund e.g. receipt, email or text.

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Bill irvine

13:38 PM, 13th August 2021, About 10 months ago

DWP - overpayment of a deduction?

Hi Mick

Given what you’ve been experiencing, these past few years with DWP, I understand your frustration, but it’s always more productive if you simply stick to the facts.

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Bill irvine

12:32 PM, 13th August 2021, About 10 months ago

DWP - overpayment of a deduction?

Hi Mick

Sharing this information only serves to confuse things.

As we've discussed a few times, it primarily refers to Social landlords (Councils & Housing Associations) and not the PRS landlord.

Private landlords should pursue things, in the first instance, with their Practice or Partnership Manager. How successful they'll be will depend on the ability of these managers to make things happen.

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Bill irvine

10:59 AM, 13th August 2021, About 10 months ago

DWP - overpayment of a deduction?

HI DSR

Our posts appear to have crossed!

You had to complete a UC 47 - what a load of tosh!

As you know, UC 47's were made redundant when the new online "direct payment" facility was created. Its clear purpose is to facilitate direct payments, not cancel them!

Nothing surprises me nowadays with DWP.

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Bill irvine

10:40 AM, 13th August 2021, About 10 months ago

DWP - overpayment of a deduction?

DSR

"Who is right"?

Certainly not the DWP!

In order to receive "Third Party deductions" (TPD) a landlord must prove, their tenant has accrued more than 2 months rent arrears, at that address. Any less than 2 months doesn't satisfy the criteria, so when you confirm that the tenant's debt has been cleared, DWP should immediately stop the TPD. The fact it hasn't means, you've certainly been overpaid.

You've got three options, as I see it:

a) Place the money in a suspense account whilst you await the "overpayment" demand from DWP which could take months, years even; or
b) Write to your local Partnership or Practice Manager explaining what's happened; ask them to cancel the TPD; and seek their advice on whether you can refund the sum direct to your tenant, on the basis, she has been underpaid; or
c) Simply credit your tenant's rent account with the sum and if this creates a credit, refund the sum and secure a receipt from the tenant confirming what's been agreed.

I should add, there's every chance, the same thing will occur on a monthly basis, until DWP takes the appropriate action to cancel the TPD.

How do I know this?

It happens on an all too regular basis, especially with social landlords, who sometimes have thousands of their tenants subject to "direct payments" and TPDs.

Bill... Read More