Backdated in error

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  • #22246
    Neil Adamson
    Participant

    We have a claim (CTB only thankfully) which was backdated for a year in error.

    This mistake is picked up but not before the claimant had a refund and spent the money.

    I am torn on the issue of recoverability on this one. It would seem reasonable from the el for the claimant to spot that they had received benefit for an additional year but on the other hand…..

    Any views?

    #7258
    Kevin D
    Participant

    Morning 🙂

    Given your initial view appears to be that the clmt could reasonably have been expected to realise etc, then the o/p is recoverable.

    The only issue after that is the LAs position on actual recovery.

    Regards

    #7259
    Neil Adamson
    Participant

    So I am not the only one who needs a life 🙁

    Thanks for that. Have other issues as to actually recovering. Claimant is a single parent on IS so it could cause hardship. On the other hand the refund was requested and spent very quickly.

    Perhaps a little investigation required.

    #7260
    aosulliv
    Participant

    If the start date of the claim was entered incorrectly, then go for recovery. There canm be no way (that I can see) that you would be able to lose if the case went to TS.

    Although you would have to conceed that the overpayment was L.A error, as long as her I/S didn’t start at the time that the claim has been backdated to, there can be no argument that she was unaware due to the date of claim etc.

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