ATA/797/1998•Housing allowance withdrawn after undisclosed income increase
ATA/797/1998Tribunal de Justiça / Câmara Administrativa8 de dez. de 1998Confirmed
Extraído pela Omnilex
The appeal concerns the suppression of a housing allowance and repayment of amounts received. The household’s income had increased in 1996, but the recipient did not inform the OCL of this change. The decision confirms the withdrawal of the allowance effective 1 April 1998 and also confirms the request to reimburse the allowance paid for 1 January 1997 to 31 March 1998.
RLGL.29 al. 1; housing allowance; duty to notify relevant changes in income. Where the beneficiary’s household income increases and the change is not reported to the competent housing authority, entitlement may be withdrawn as of the date determined by the authority, and overpaid benefits may be reclaimed. The decisive element is the existence of a material change in the household situation and the beneficiary’s failure to notify it; on these premises, the administrative authority may confirm both termination of the allowance and restitution of sums unduly received.
Descripteurs
LOGEMENT; ALLOCATION DE LOGEMENT; LOGEMENT SOCIAL; MODIFICATION(EN GENERAL); REVENU; TPE
Normes
RLGL.29 al.1
Résumé
Confirmation de la suppression de l'allocation dès le 1er avril 1998 et la demande de remboursement de l'allocation pour la période du 1er janvier 1997 au 31 mars 1998. Le revenu du ménage ayant augmenté en 1996 sans que le recourant en ait informé l'OCL.
Extraído pela Omnilex
Whether the housing allowance could be withdrawn as of 1998-04-01 after the household income increase.
The withdrawal of the allowance from 1 April 1998 is upheld.
The increase in household income in 1996 changed the entitlement conditions, and the appellant failed to notify the OCL of this relevant change.
Whether the appellant must repay the housing allowance received for 1997-01-01 to 1998-03-31.
The repayment request for the relevant period is upheld.
Because the allowance was received while the relevant income situation had not been disclosed, repayment of the undue benefit is justified.
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