Administrative Penalties

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  • #21941

    I have been reading S115A SSAA 92 (relating to Ad Pens) and am interested to see how other authorities have interpreted section (f).

    If a person has benefit amended/terminated and a fraudulent overpayment has been calculated, then the overpayment is offset with underlying entitlement a few weeks later –

    Which overpayment do authorities attach the Ad Pen to?
    The gross or the nett after offsetting?

    Other authorities practices would be greatly appreciated.


    Following recent TOC decision the DWP advise that overpayments should not be notified to claimants [i:92c98bef01]until[/i:92c98bef01] underlying entitlement has been considered so that really answers your question (of course we’re all doing that!). Alternatively you could consider that UE is an amount that is not now recoverable, following review, so it’s still the net figure you should use

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