Reply To: overpayment – LA failed to act v claimant contributing.

nick dearnley

I’d go for it being a primary duty of the claimant to tell you about changes that might affect her benefit, and that the failure to link two seperate claims is not the main cause of the overpayment. You’ll have an argument at a hearing, but I’d apply the usual principle that it is for the person seeking to use an exception to a rule to show how they come within that exception (to paraphrase Judge Jacobs – CH/3439/2002). It would be up to you to show that there was no official error, but if there was official error it is up to the appellant to show they could not have realised there was an overpayment.