In brief, I was presenting a case for my LA at a TAS hearing yesterday, the case related to an OP of HB as well as excess CTB.
During the hearing the chairperson raised an issue that I feel needs to be considered, an issue which relates to the new overpayment regulations which came into force April 2006.
We as an LA are solely relying on the current legislation, but the chairperson advised that there was open debate within the chairpersons of TAS on which sets of regualtions should be used, depending on the period of the overpayment.
e.g.
Total O/P period – 15/01/2006 – 13/08/2006
O/P period prior to 01/04/06 – use the old regulations
O/P period after 01/04/06 – use the new reglations
This could mean that we when preparing cases would have to consider submitting an appeal on two sets of regulations, creating a lot more work for us as an LA.
The chairperson also pointed out that this went against common law practice as it is usual for new legislation to supercede old legislation.
Any ideas??..!!??
Rob
P.S we won the appeal anyway…….based solely on post 04/2006 reg’s.
.
