Overpayments – Circular A13 2006

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 15 posts - 16 through 30 (of 39 total)
  • Author
    Posts
  • #8349
    markp
    Participant

    The Civil Service and clarity – not two phrases that generally fall into the same sentence!!

    Do I know what I'm doing? The jury's out on that........................

    #8350
    seanosul
    Participant

    I have now read this and as well as agreeng with Peter about the contradictions, I am not overly convinced about always sending an exact duplicate of the overpayement decision notice to the landlord, especially where the overpayment is not being recovered from them.

    As for u/e falling under D&A rules, I cannot see how this would apply at all. The correct information by its very nature would more often then not be supplied after the month that it was supposed to be supplied, hence the overpayment. The legislation requires U/E to be applied to ensure the correct calculation of the overpayment FULL STOP.

    I look forward to the re-write!

    #8351
    Nicky
    Participant

    [quote:e4ef576143=”Peter Barker”]

    I’ll repeat though: very nice summary of the Commissioners’ decision, highly recommended.[/quote:e4ef576143]

    😆

    #8352
    rober_l
    Participant

    Would anybody be able to email me a copy of Circular A13/2006 please.

    Thanks

    leanne.roberts@blaenau-gwent.gov.uk

    #8353
    Anonymous
    Guest

    A13 on its way

    #8354
    rober_l
    Participant

    Many thanks

    #8355
    Anonymous
    Guest

    [quote:d48faa9b17=”seanosul”]As for u/e falling under D&A rules, I cannot see how this would apply at all. The correct information by its very nature would more often then not be supplied after the month that it was supposed to be supplied, hence the overpayment. The legislation requires U/E to be applied to ensure the correct calculation of the overpayment FULL STOP. [/quote:d48faa9b17]

    I think the point about D&A rules is that they apply to the overpayment decision itself [b:d48faa9b17]after[/b:d48faa9b17] the amount has been calculated: if the Council has made reasonable efforts to find out whether there is any underlying entitlement, concluded that there is not and issued an o/p decision, the claimant then has a month to show that the amount of the overpayment is wrong and should be revised. Underlying entitlement is a component of an overpayment decision, just like the applicable amount is a component of an entitlement decision. There is an absolute requirement to use the right applicable amount, but if by chance you don’t and as a result the claimant is awarded too little benefit, they have a month to bring it to your attention otherwise you are into late revisions and so on. Underlying entitlement in an overpayment decision is exactly the same.

    #8356
    lesley turton
    Participant

    Can I ask someone to send me a copy of A13/2006 too please?

    lesley.turton@salford.gov.uk

    #8357
    seanosul
    Participant

    Lesley – sorted. PS do not post your email address on a message board as it is a great way to end up with lots of adverts for enlarging appendages.

    Peter, you may have read this too many times as you arguing against yourself?

    [quote:cd9f1b665b]
    It makes the common error of confusing advantageous changes of circumstance with the time limits for revision in the claimant’s favour – not the first time someone has fallen into that trap by any means. If there has been a change of circumstance in an overpayment case, you tend to find that it disadvantageous – wouldn’t be overpaid otherwise, would they? What they really mean is that the overpayment decision needs to be put right within a month if the claimant wants the amount reduced – this is revision, not supersession for a change of circs. I assume the term “good cause” is used as a Plain English rendering of special circumstances, and likewise that “backdate” is used as a Plain English alternative to accepting an application for revision out of time.
    [/quote:cd9f1b665b]

    [quote:cd9f1b665b]
    I think the point about D&A rules is that they apply to the overpayment decision itself after the amount has been calculated: if the Council has made reasonable efforts to find out whether there is any underlying entitlement, concluded that there is not and issued an o/p decision, the claimant then has a month to show that the amount of the overpayment is wrong and should be revised
    [/quote:cd9f1b665b]

    #8358
    Anonymous
    Guest

    Makes perfect sense to me!

    #8359
    RobBox
    Participant

    The DWP machine not working too well in the heat as I have not received A13 either.

    Could someone please mail it to me too, many thanks.

    rob.boxall@molevalley.gov.uk

    #8360
    jane
    Participant

    I’ve sent it to you Rob

    #8361
    admin
    Keymaster

    I agree with a previous poster about the inconsistent treatment of CT excess benefit in all this. The Circular states: “There is no reason why the excess CTB cannot be posted to the council tax account within the one-month appeal rights’ period”. Well I can think of a good reason. I know of a number of LAs who now issue a CTAX Reminder within 7 days of the Demand Notice. I can see a lot of claimants being taken to Court for “arrears” of CTAX when they may still be entitled to underlying CTB.

    Regards,
    Mark

    #8362
    JamesPickering
    Participant

    Can I ask what people are doing with regard to weekly reclaim for HB following the creation of an overpayment for example if someone reports a wage increase.

    Should we be waiting a month before we start recovering the overpayment at £8.70 per week?

    I guess we should be as they have right to appeal against the way we have calculated their wages and the date from which we have superceded the decision but it seems a little pointless if they have written in to say “my wages increased to £50.00 per week from the 01 June…)

    #8363
    Anonymous
    Guest

    The circular and the ALG overpayment forum on these issues have sparked quite a lot of debate in this office.

    For my part I think that the DWP’s reasoning on the u/e issue is very muddled.

    Clearly there will come a point where the LA will wish to say that an overpayment is final and in the case where information is submitted beyond a reasonable time-scale may decline to revise its decision.

    The reference to DAR 8 advantageous/disadvantageous rules is dubious, however. The effect of u/e is to circumvent the draconian effect of the DAR rules by taking account of a persons circumstances as they would have been if they had complied with those rules – but only in so far as reducing the overpayment is concerned.

    If any time-scale is implied I would have thought that it would make more sense to consider an application for u/e to be considered as an application for a revision of the overpayment decision under DAR 4/5.

    It really urks me that the DWP make such a muddle of some of these circulars – they’re one of the key ways that information reaches processing officers who are far more likely to turn to the circulars for guidance than wade through the regs.

    It’s going to be administratively very difficult to suspend overpayment recovery in all cases, unless software systems are modified to automatically commence recovery only once a month has passed.

Viewing 15 posts - 16 through 30 (of 39 total)
  • You must be logged in to reply to this topic.