Good morning Nick
Yes the latter appeal concerns a scenario where our customer maintains that the whole overpayment is official error AND non recoverable.
In other words both parties accept that there has been an overpayment in the HB Gen Regs 99 definition – our customer got more HB than they were entitled to .
With this particular overpayment, I would prefer to go to tribunal with a definite decision : Either to say that the appeal is out of time or just to go ahead with the appeal on the basis that original appeal has not lapsed when considering D & Reg 17 (3).
I will discuss our next move with my colleagues.
Appreciate your input.
Regards
