Overpayment and bankruptcy (again)

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  • #31775
    keithh
    Participant

    Hi,

    Only a quick one . . . we have a claimant, claim ended due to excess capital with a 12K overpayment. So no claim in place. She was declared bankrupt in June 09 (with the HB overpayment included in the bankruptcy) and duly discharged 4/12/09.

    They now have claimed and are receiving HB, we cannot revive the overpayment to take by ongoing deductions can we?

    Not having a clear brain day today!!

    Cheers, Keith

    #88882
    peterdelamothe
    Keymaster

    Yes you can …if the overpayment was caused by proven fraud. Otherwise, no.

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