HB Overpayment/Sequestration

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    Quick query….

    HB O/p’s are classed as an exempt debt through Sequestration correct?? Therefore recovery should be made by claimant….

    Seem to see some sort of reasoning behind that in SSAA92 but does that only apply while someone is applying for bankruptcy???

    Quick response to quick query – would be great!!


    Kevin D

    There is English case law that has finally arrived at a conclusion – Steele / Birmingham.

    In short, HB o/payments may still be recovered from a person who is either bankrupt, or discharged from bankruptcy.

    I’m not sure how different, if at all, Scottish law is in the same situation.

    NB: Haven’t got time to list the calendar of events or the full case law refs – sorry.



    Thanks for reply.

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