appeal recovery of overpayment – LA error

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 4 posts - 1 through 4 (of 4 total)
  • Author
  • #22566

    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!!


    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........................


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


    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…

Viewing 4 posts - 1 through 4 (of 4 total)
  • You must be logged in to reply to this topic.