Reply To: overpayment classification


I think the fact the claimant failed to inform you is neither here nor there. This is because it is an omission on the part of the LA as it failed to act or failed to act as soon it was aware DLA/PIP ended when the Atlas was received, the claimant obviously did not contribute to that bit, so official error.

Is it recoverable? Well depends on a whole raft of other things, as Nick alluded to, notification letters, information within those, reasonableness and claimant’s awareness all come into play.