Reply To: Underlying Entitlement

#8438
Mark
Participant

I agree with Peter. It’s a shame that an otherwise excellently written circular has been tainted by mixing up the D&A provisions.

There’s another possibility that’s worth considering too – what if underlying entitlement exists becasue of a late notified beneficial change, but there is not, as yet, an overpayment for the same period. The value of the underlying entitlement is the same as the lost benefit. But who cares, right? There’s no overpayment anyway.

Later on an overpayment does get created for all or part of the same period as the “lost benefit”. The LA should immediately reduce the overpayment by the underlying entitlment that’s been hanging around doing nothing. But what if it forgets and this comes to light much later (very likely if we’re honest). In this case I’d say that the overpayment decision can be revised without time limit because the decision on the ‘gross’ overpayment was an official error.