Overpayment recovery

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 3 posts - 1 through 3 (of 3 total)
  • Author
    Posts
  • #38083
    David
    Participant

    Simple question but some resulting in some discussion!

    We notify claimant and landlord that an o/payment is recoverable. On the letter to the claimant, we then add it will be recovered from the landlord, but may decide at a later date to recover from the claimant.

    That later date has arrived. We have decided to recover from the claimant – we write to tell her. Does the decision to change target for recovery attract fresh appeal rights?

    #107222
    Kevin D
    Participant

    This depends on exactly what the notification letters said. IF the letters made a clear distinction between a) recoverability, b) the target(s ) from whom the o/p is recover[u]able[/u] AND c) the separate matter of recover[u]y[/u], you *should* be ok – the matter of “c” has no right of appeal.

    However, based on my recollection of Academy notifications, I’d be somewhat surprised if they really were that clear. If the letter mixed and matched any of the components, I suspect you will need to renotify with the inevitable right of appeal being reopened.

    #107226
    David
    Participant

    Thanks Kevin; that confirms my understanding. In this case the lettere were amended to cover the above. However, I’ve now decided to say that we will accept a late appeal based on the initial decision.

Viewing 3 posts - 1 through 3 (of 3 total)
  • You must be logged in to reply to this topic.