appeal recovery of overpayment – LA error

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  • #22566
    susanh
    Participant

    can anyone help! I am writing two appeal submissions – both are regarding the recovery of overpayments caused by LA error – the notification letters detailed income amounts and we argue that it was reasonable to expect the claimant to know they were being overpayed

    case one – ctc entered as a yearly amount rather than weekly amount
    case two – dla incorrectly added to claimant as well as correctly being added to dependant

    can anyone advise or know of any commisioner decisions that might help!!

    #8606
    markp
    Participant

    Sorry, no CD’s but one question.

    I can understand case 1 going to tribunal but case 2 seems to be on a “hiding to nothing” basis. How detailed are your notifs? The question of could she reasonably be expected to be aware of the OP has to be addressed and I can see that your appellant could well satisfy the Tribunal Chair that they did not realise that you had made an error.

    The fact that you are preparing a submission indicates that you show all dependant’s incomes as well as the claimant’s. If that isn’t the case and the only incomes shown are the claimant’s I can see that case 2 will unravel and you would, in all likelihood, lose the tribunal.

    Just an observation and no criticism intended.

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

    #8607
    susanh
    Participant

    notification letters are very detailed and do list dependants income – but have made same observation as yourself

    #8608
    Stalbansbenefits
    Participant

    I agree with Kevin regarding the second case. I imagine the DLA is actually [i:be5697104a]paid[/i:be5697104a] to the claimant (although it is in respect of the children), so if a claimant received a letter stating ‘you receive DLA’, and then the amount is subsequently disregarded, I think you are asking a lot for them to realise they had been overpaid.

    The question really is, should the claimant have realised he wasn’t entitled to a disability premium in addition to the disabled child premium. Unless your claimant is an ex-housing benefit officer, I think you’ll struggle at a tribunal…

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