Reply To: overpayment query


In the normal course of events, what would you do if, for example you were notified by a claimant of an increase in wages and did not action the change of circumstances for,say 6 weeks? My guess would be that you would classify the op as LA error and recover it on the basis of reg 99(2) arguing that the claimant could reasonably be expected to realise that they had been overpaid.

However, my memory refers me to S3/2003. Which quoted this type of scenario in Annex B and concluded that this type of overpayment was non-recoverable. Can’t remember the legal backing for this decision but seem to remember that this was discussed when the circular came out.

Ring a bell with anyone?