Reply To: Overpayments – Circular A13 2006

#8369
peterdelamothe
Keymaster

James

Para 1 – I think we all agree on that but the point is that DWP are trying to present something which is really just their guidance as the law. That is quite wrong in my view. By all means, its fair for them to say “our view is” or “we advise that” but the legislation they quote just does not apply.

Para 4 – I believe DWP are saying that LA’s should not make a decision until the UE info is provided not that two decisions are made.

Para 33 – I cannot see any other choice and of course the law has been changed so previous advice is no longer appropriate. It is quite impossible to have a tri-partite appeal where the parties all have different papers. However, it is possible to provide the Chair with additional papers and leave him/her to decide who gets what.

I remember one very annoyed claimant taking a similar argument to the LGO. The latter rejected it outright.

I suspect the real issue that LA’s wil object to is where the monies are paid to the landlord but the claimant is asked to repay (maybe its fraud?). The landlord must be given the papers since the Tribunal could decide that the OP is recoverable from them.