Overpayment Case Law

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  • #22656

    We received an IR decision letter showing an end to WTC but failed to to diarise the fact that it also showed that payment was to re start the following April. This mistake was not picked up until a recent intervention. The overpayment has been classified as LA error. However the claimant received other determination letters during the overpayment period, which should have altered her to the fact that we had not included her WTC income.

    Does anyone know any case law that might help our case for recovery please?

    Neil Adamson

    I believe CH672/2003 and CH/2554/2002 both confirm the responsibility of the applicant to check entitlement letters and the issue of recoverability of official error ops?

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