Reply To: HB O/P recovery following DWP revision


[quote:aa79cb4b8f]They are not recovering her I/S O/P for the period 01/11/06-09/09/07….

Also, she has provided written proof of I/S entitlement for the period 01/11/06-09/09/07 (dated 09/04/09) and this information is confirmed on CIS. [/quote:aa79cb4b8f]

I think you need to establish exactly what the DWP’s decision is. Are they saying she remained entitled to IS from 01/11/06 or are they saying that the overpayment is not recoverable or are they chosing not to recover it? Either way you should ask for an explanation of their decision. If IS was properly in payment, you may be able to revise the tribunal’s decision on grounds of ignorance to a material fact. Alternatively you could just tell them to take it up with TTS – advise them to request a SOR and take it from there.

Edit to add: Of course your decision to actually recover the overpayment is independant of the tribunal’s decision and can be changed at the LA’s discretion.