Terms & Conditions

[JamesPickering]

Morning,

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– HB claim superseded by LA on 26/04/06.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

Thanks,

James

[markp]

Just a thought,

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

Mark

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

[JamesPickering]

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

[aosulliv]

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

[peterdelamothe]

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….. 🙂

[Author]

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