Overpayment recovery from partner

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  • #39391
    Anonymous
    Guest

    Claimant Mr X has a fraud overpayment as a result of undeclared property which is in the name of his wife; she is part of the claim.

    Our benefits team recently stopped issuing bespoke overpayment letters and now just let the system (Northgate) letters go out.

    The problem I have is that only one decision notice has been issued to MR.

    Am I right in thinking that without a decision notice issued in the name of MRS I can’t apply for a Charging Order?

    thanks

    Malcolm

    #111975
    Kevin D
    Participant

    Well, it’s not just a case of notifications. Before you even get to that point, the overpayment has to be lawfully recoverable from the partner.

    The partner is a legitimate “target” IF, and only if, she positively misrepresented a material fact out of which the overpayment arose. Bear in mind, this is different to failing to disclose – a partner is under no duty to disclose for HB/CTB purposes.

    Once a person has been correctly identified as a target, ALL parties / targets must be notified of the overpayment and such notifications must contain the same substantive content including the names of all the parties that are targets.

    As an aside, has the LA applied reg 103 (and the CTB equivalent) re Diminution of capital?

    #111993
    peterdelamothe
    Keymaster

    You definitely cannot apply for a charging order! She has not even had the right to appeal yet LOL

    #111995
    Anonymous
    Guest

    I know! thanks for both responses.

    As for Reg 103, I have had to go back to the Benefits team and ask them to revisit the assessment since they have appeared to have overlooked the capital value of the undeclared properties and just added ‘rental income’ to the calculation…

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