Going back to those long ago days when I was a complaints officer, the view of the Ombudsman was that it was maladministration to attempt to recover an overpayment while there was an outstanding appeal.
I am not, however able to advise you on what the law says.
I hope this helps
Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.
Wilkins Micawber, Ch12 David Copperfield
