LA error? Recoverable or not?

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  • #21998
    Anonymous
    Guest

    I am presently dealing with an O/P appeal where the claimant is in her 80’s.

    Case History

    Claimant was assisted by a visiting officer to complete a second adult rebate form. The claimant was asked by the officer if she/her partner held shares/bonds, claimant stated no, however when the renewal form was received the claimant informed the visiting officer that she held shares/bonds worth £19,000.
    The claimant has stated within her appeal that the 1st visiting officer did not ask her about any bonds/shares (?).

    My problem is that:

    1. The claimant is elderly
    2. She always requires assistance with completing the forms
    3. She has never claimed CTB
    4. The LA’s claim form does not specify what the capital limit is.

    Any suggestions?

    #6298
    Anonymous
    Guest

    These things happen!

    For me, this comes down to the notes made by your visiting officers at the time and maybe the notes on your declaration.

    As I see things, generally, as in (nearly) always, it is for the claimant to declare everything to the la and to sign/declare as such.

    How strong/robust are your procedures when completing a form for someone? did they (customer) look through/review the answers on the form? did they get the chance to do so? if not was it read back to them?

    Taking your points in turn;

    1. If there is an o/p it still must be calculated like any other despite age of claimant.

    2. Requiring assistance with forms does not mean she could not/did not realise what was being asked or what she declared.

    3. She may never have claimed before, had your vo completed many forms before and was therefore sure that she would have asked the relevant questions?

    4. I dont see that a form needs to show what the capital limit is; would be confusing anyway because the rules are too complicated. Make your application and the la will decide eligibility.

    Nb. Is it the 2nd adult’s capital we are talking about?

    #6299
    Kevin D
    Participant

    I don’t think the VO is under any obligation to ask specifically about an individual item of capital. In deciding if there is any official error, it *may* depend on what question(s) were actually asked by the VO.

    In any case, the clmt has (presumably) nevertheless signed a declaration on the form(s); stating that the info on the form was correct. If so, the clmt’s position is already considerably weakened.

    Based on the info given so far, my view is that the o/p is recoverable. The issue of actual recovery is a separate issue.

    [Edit] I agree with Masked Assessor that the absence of the capital limit on the claim form is neither here nor there.

    Regards

    #6300
    david farrar
    Participant

    I am probably a bit slow, but what has claimant’s capital got to do with second adult rebate?

    #6301
    Anonymous
    Guest

    There isn’t a capital limit for 2AR?

    #6302
    Anonymous
    Guest

    only second adults income/capital is considered

    #6303
    Anonymous
    Guest

    [quote:ad1b37a563]I am probably a bit slow, but what has claimant’s capital got to do with second adult rebate?[/quote:ad1b37a563]

    I was wondering the same thing, since a 2AR claimant can, in theory, be a multi-millionaire yet still qualify.

    #6304
    Anonymous
    Guest

    Hi all

    My apologies 😕 They originally wanted to apply for a scond adult rebate, but then applied for CTB ❗

    #6305
    david farrar
    Participant

    Is it possible that your visiting officer never asked about bonds or shares as (s)he was solely dealing weith a claim for 2AR?

    #6306
    Anonymous
    Guest

    I today have received a statement from the visiting officer who has stated that the claimants did not inform her that they held any shares, premium bond or another share book, and when questioned if any shares or premium bonds were held she was advised no.

    However the claimant has stated that the visiting officer did not ask/request proof of any shares/bonds etc.

    Therefore it comes down to ‘he said, she said’!!!!!!

    But the statement is very useful.

    😉

    #6307
    Anonymous
    Guest

    There has obviously been an overpayment in this case, and you are going to have to classify it somehow, so 😉 🙄
    Could you not come to a conclusion that the overpayment was claimant error – declaration by your VO.
    But then decide it would not be in the public interest to recover – therefore non-recoverable?
    Seems one way of getting around this, maybe? 8)

    #6308
    Anonymous
    Guest

    Hi all

    I have just completed the submission

    So now its just a wait and see ❗

    Thank you all

    Regards

    Brenda

    #6309
    Anonymous
    Guest

    I don’t know try to do the right thing by sending out a visitor to assist with a new 2AR claim, I’m sure many authorities would have just suggested the second adult assisted the claimant in completing the application.

    What has the world come to!

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