overpayment query

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  • #19810
    Anonymous
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    Claimant notified us of her WTC award in May 2003 and due to numerous issues relating to the ‘wtc fiasco’ we did not calculate the overpayment until 14th August 2003. Claimant was notified of her award on 9th May 2003 so told us within one month.

    We have classified the o/p as LA error from 26th May 2003 however claimant has appealed on the basis she told us on time and cannot be expected to pay the money back.

    Interested to know whether in these circumstances you would stick by the decision to recover the overpayment and go to the Appeals Service or back down and write the O/P off in view of the WTC problems we have had.

    #1081
    Anonymous
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    In the normal course of events, what would you do if, for example you were notified by a claimant of an increase in wages and did not action the change of circumstances for,say 6 weeks? My guess would be that you would classify the op as LA error and recover it on the basis of reg 99(2) arguing that the claimant could reasonably be expected to realise that they had been overpaid.

    However, my memory refers me to S3/2003. Which quoted this type of scenario in Annex B and concluded that this type of overpayment was non-recoverable. Can’t remember the legal backing for this decision but seem to remember that this was discussed when the circular came out.

    Ring a bell with anyone?

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