Reply To: La error or Claimant error – Recoverable or not

#163004
markp
Participant

Harsh as it may sound, the fact is your claimant did not tell you of the change in circumstances so this is a case where the cause of the OP is this failure to declare their correct circumstances to you.

But… was there any evidence in your posession that showed that you were paying HB incorrectly? If yes then the OP after receipt of the information could be classified as LA error. If not, it is claimant error to the end of the OP period unless there was a lengthy delay in you processing the information at which point you could consider that the OP is official error from the date you had the information to when you processed it. Don't forget that you are allowed a period of time to process information before LA error starts.

Hope this helps.   

Do I know what I'm doing? The jury's out on that........................