DWP recalculate QB64/QB65 periods of overpayments

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  • #22524
    Anonymous
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    If the DWP retrospectively recalculate (and reaward) IS for past periods following an appeal against their overpayment is there any limit to how far back we can go to “reaward” HB? Does the clt have to reclaim for these periods that we cancelled at the time or can we just re-assess? As it involves periods going back years I’m not sure where we stand DAR wise. To complicate things even more clt is late notifying us of this decision (made in February but not notified until July). Is this an official error no time limit revision or what???

    #8436
    Anonymous
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    D&A Reg 7C is supposed to cover it. I am going to explain this using the dreaded word “cancel”, which the Commissioners hate I know, but sometimes it’s the only way. Reg 4(7C) allows revision of any decision to cancel HB on the basis of a state benefit being cancelled if that state benefit is later reinstated retrospectively.

    Suppose HB is only reduced, and not cancelled, because of the cancellation of a state benefit, and then the state benefit is reinstated? Does Reg 4(7C) cover that? No. But I think you could just about argue that 4(7B) does the job, although it is supposed to be there to cater for a brand new award of state benefit plus arrears.

    It is also arguable that any reinstatement of a state benefit implies the original cancellation of that benefit must have been a mistake, in which case the HB cancellation was based on a DWP error and can be revised at any time.

    And no, no time limit, because this is not a revision under Reg 4(1).

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