Overpaid wages

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    We have a claimant who has been off sick for sometime. In June she should have been paid SSP but instead she was paid in full. Her employer has said they will recover the overpaid wages from her when she goes back to work. The claimant does not qualify based on her full wages.

    Should we pay using the wages the claimant actually got paid or the SSP she should have got and is getting from now on.


    Sue đŸ™„

    John Boxall

    What about 79(7)

    [quote:db4862b038](7) Without prejudice to paragraph (6), where the change of circumstances is the payment of income, or arrears of income, in respect of a past period, the change of circumstances shall take effect from the first day on which such income, had it been timeously paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations. [/quote:db4862b038]

    the general principal seems to be that the claimant should be asessed on what they should have recieved not what they were actually paid, so long as the employer recovers the money.

    Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

    Wilkins Micawber, Ch12 David Copperfield

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