Reply To: Overpayments – Circular A13 2006


[quote:d48faa9b17=”seanosul”]As for u/e falling under D&A rules, I cannot see how this would apply at all. The correct information by its very nature would more often then not be supplied after the month that it was supposed to be supplied, hence the overpayment. The legislation requires U/E to be applied to ensure the correct calculation of the overpayment FULL STOP. [/quote:d48faa9b17]

I think the point about D&A rules is that they apply to the overpayment decision itself [b:d48faa9b17]after[/b:d48faa9b17] the amount has been calculated: if the Council has made reasonable efforts to find out whether there is any underlying entitlement, concluded that there is not and issued an o/p decision, the claimant then has a month to show that the amount of the overpayment is wrong and should be revised. Underlying entitlement is a component of an overpayment decision, just like the applicable amount is a component of an entitlement decision. There is an absolute requirement to use the right applicable amount, but if by chance you don’t and as a result the claimant is awarded too little benefit, they have a month to bring it to your attention otherwise you are into late revisions and so on. Underlying entitlement in an overpayment decision is exactly the same.