Reply To: Technical error CTB overpayment non recoverable?

Kevin D

This assumes that by “technical”, you mean overpaid CTB for a period after the date of the revision / supersession decision.

If so, it is a clear error in law – the current reg is [b:f5d8c90426]CTBR 83(5)[/b:f5d8c90426]. For what it’s worth, this has also happened in a couple of cases I have dealt with. One or two Chairs just get a bit carried away – i.e. it’s LA error, and non-recoverable for the WHOLE period….

This is so clear, you shouldn’t even need any CDs. But, just to fortify the position, this may help: [b:f5d8c90426]CH/4227/2004[/b:f5d8c90426] (para 52). There are a couple of other CDs where the same finding was made on this issue – just can’t identify them for now 🙂 .