Irrecoverable Overpayment & Further Entitlement

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  • #38711
    Beard
    Participant

    I would welcome opinions on this one.

    Claimant in receipt of full benefit,claim reassessed, claimant not entitled, overpayment calculated, overpayment treated as not recoverable under Reg 100.

    Claimant then provides information in respect of the overpayment period that means that some entitlement is due.

    Bearing in mind that they have already received full entitlement, do you:

    1/ Issue the benefit anyway;

    2/ Offset the arrears against the overpayment ?

    The theory we have here is that whilst the debt is irrecoverable the overpayment still exists, so offseting rules apply.

    Is that correct ?

    #109348
    Anonymous
    Guest

    Offset.

    The new entitlement is a revision of the decision which resulted in the overpayment. By default, the amount of the overpayment is reduced. Doesn’t matter whether its recoverable, if you paid it out again, that would be a further overpayment.

    #109349
    nickkeogh
    Participant

    You can’t let the claimant have the money twice for the same period which is what would happen if you don’t offset. As you have stated the overpayment may well be non-recoverable but it is still an overpayment and should be offset against any entitlement that arises in the future for the period of that particular o/p.

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