Overpayment Recovery – time limit?

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  • #39639
    DJM
    Participant

    Hi folks

    This is probably me being very dumb this morning – is there a time limit on recovering an overpayment of housing benefit? I’ve looked through the Regs and the GM, and can’t find anything.

    If there is a time limit, which Reg does it come under?

    All clues gratefully received! 😉

    #112873
    jmembery
    Participant

    The statute of limitations would apply but that’s it as far as I am aware.

    From HMRC website
    If a lender allows time to pass without receiving any payment an action for recovery may become barred.

    Under the Limitations Act 1980 the time limits are

    in simple contracts, 6 years
    in contracts under seal, 12 years.
    If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

    Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits.

    #112874
    DJM
    Participant

    Thanks very much.

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