Reply To: Overpayment caused by claimant’s death – recoverability under Reg 101(2)


The LA were unaware of the death as we were never notified, neither were the DWP until the LA advised them.  The customer went by the name of Mrs O, however, her death cert was registered in the name of Mrs T.  (The LA were never aware of claimant using the name Mrs T).  A 'Tell us Once' form was never completed.  I have tried to find the death lists that C.Tax receive, but was unable, however any death list received would have been in the name of 'T' not 'O' and C.Tax wouldn't have realised that the payer 'O' and the person on the death list 'T' were the same person.


I hadn't used CH/448/09, this appears to be saying that the ovp is recoverable from the LL under s75.  I think we have lost as the DM's decision is that the ovp is recoverable from both claimant and landlord which is reg 101(2)(a).  If we'd only made the decision that the ovp was recoverable from LL under s75, we may  have won.