Appeal – LA Error

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    I have received an appeal from a claimant stating that she does not want to repay her overpayment of £94.87 as it was due to the fault of the LA 🙄 .

    Quick scenario:

    – Claimant started FT work 03/04/06 was previously on IS.

    – ETD dated 13/04/06 received but not scanned onto DIP until 18/04/06 due to Good Friday and Easter Monday.

    – Letter received from claimant 19/04/06 stating she had started work and no longer wished to claim.

    – Payment genarated on 20/04/06 and sent to LL 21/04/06 for period of 17/04/06 – 23/04/06 (1 weeks HB due to rent free weeks).

    – HB claim superseded by LA on 26/04/06.

    She says the OP is due to our error in delaying processing the change 👿 .

    Obviously we do not agree with the claimant and want our money back but I am struggling to find the caselaw and regs which shows that we have not administered the claim incorrectly.

    Any help/guidance/nudges in the right direction as to where to look would be most appreciated.




    Just a thought,

    Does claimant qualify for EP and would that at least reduce Op even if it doesn’t clear it?


    Do I know what I'm doing? The jury's out on that........................


    No unfortunately there is no EP and she wouldn’t qualify for UE based on her earnings. 🙁


    There is a commissioners decision regarding the length of time to process a cic (can’t remember the number of the top of my head) but it suggested that two weeks was not unreasonable


    The CD is on the ovepayments list of the CDs under the caselaw tab above …. but I cannot remember the number either! let us know when you find it! 😀

    Kevin D

    *cough* Ahem….

    This issue has been addressed to varying degrees in:

    [b:6ff0e4c3c1]CH/0454/2005[/b:6ff0e4c3c1] (para 10)
    [b:6ff0e4c3c1]CH/2741/2003[/b:6ff0e4c3c1] (para 14)
    [b:6ff0e4c3c1]CH/3629/2002[/b:6ff0e4c3c1] (para 8 )
    [b:6ff0e4c3c1]CH/0881/2005[/b:6ff0e4c3c1] (para 1)

    Although not (apparently) relevant to this case there are a couple of other CDs where it was found that it is not necessarily an official error where the LA is (legitimately) making enquiries and/or awaiting information / evidence to reassess a claim:

    [b:6ff0e4c3c1]CH/0843/2005[/b:6ff0e4c3c1] (para 9)
    [b:6ff0e4c3c1]CSHB/0718/2002[/b:6ff0e4c3c1] (para 42)
    [b:6ff0e4c3c1]CH/0454/2005 – mentioned above[/b:6ff0e4c3c1] (para 10)

    CSHB/0718/2002 can be found in the “Rent and rent liability” subsection in the Caselaw section. All the other CDs mentioned above can be found under “Overpayments”.

    [u:6ff0e4c3c1][b:6ff0e4c3c1]SEARCH TIP:[/b:6ff0e4c3c1][/u:6ff0e4c3c1] If you know the CD number and want to avoid trawling / scrolling through all the CDs in any given sub-section, try this:

    [b:6ff0e4c3c1]1) press “alt + e”[/b:6ff0e4c3c1]

    That should produce a drop-down menu.

    [b:6ff0e4c3c1]2) press “f”[/b:6ff0e4c3c1]

    That should produce a dialogue box.

    [b:6ff0e4c3c1]3) enter text [/b:6ff0e4c3c1](partial CD number- e.g. “0454”)

    [b:6ff0e4c3c1]4) click on “Find Next”.[/b:6ff0e4c3c1]

    That should find the next CD in the list with that number. If it is a CD that happens to contain the text you searched for, but it is the wrong CD, simply click on “Find Next” again.

    Happy reading….. 🙂

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