O/P Recovery Issues and TAS

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    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.


    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??..!!??


    P.S we won the appeal anyway…….based solely on post 04/2006 reg’s.


    This issue has been raised by Paul Stagg as part of the training that he did for HBinfo in respect of overpayments.

    That is the way he is thinking about recovery of overpayments, but I am still sceptical.

    Kevin D


    The issue arises out of a Court of Appeal case:

    [b:9e7c52eb7b]Plewa v Chief Adjudication Officer [1994][/b:9e7c52eb7b]

    As aosulliv points out, there is a line of thinking that this has the effect suggested by the Tribunal. But, it has not (yet) been considered at CD level in the context of HB/CTB. Inevitably, it will. Until then, some LAs will consider that decisions are based on the current law; others will consider that “Plewa” applies. Once again, an utter lack of consistency.

    Which one is right? If only I knew…..



    Cheers, Kev and here’s wishing you a happier and more prosperous new year!

    And also thanks to aosulliv!

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