Recovery of OP when claimant has died

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  • #45858
    Claire Moses
    Participant

    We have a case where claimant (mrs) was overpaid as she had not declared her partner (Mr).  She came off HB and partner claimed.  We transferred the OP to partners claim.

     

    Original claimant (Mrs) has now passed away and the current claimant (Mr) is refusing to pay back the OP as he wasnt the original claimant when the OP occurred.  As the OP is for the original claimant who has now died, can we still recovery from the partner?

    #129105
    bod
    Participant

    Reg.101(2)(b): “in a case where an overpayment arose in consequence of a misrepresentation of or a failure to disclose a material fact (in either case, whether fraudulently or otherwise) by or on behalf of the claimant, or by or on behalf of any person to whom the payment was made, the overpayment is only recoverable from any person who misrepresented or failed to disclose that material fact instead of, if different, the person to whom the payment was made”.

    Your current claimant (Mr) may well have a point IF he was unaware that HB was being claimed incorrectly.

    #129106
    Claire Moses
    Participant

    Mr agreed to the OP being transferred at the time – it was a proven fraud case. He now states that the the original claimant (Mrs) has died, he shouldnt have to pay the OP?

    #129120
    peterdelamothe
    Keymaster

    I would think about treating this refusal as a late appeal; provided you have issued a decision notice in Mr name. If not, you can still do this.

    I think Mr has every right to refuse and the onus is on the LA to demonstrate there is a legal req to recover. The fact that this is proven fraud does assist your case but only if you can show that Mr was involved in this. Not easy of course….but possible.

    #129124
    David
    Participant

    Discussions on this and similar threads relate solely to HB overpayments.

    We have a case where only CTB was paid. The original partner, who had also signed the original form, had substantial undeclared savings. After her husband’s death she claimed in her own right, when these savings came to light. The overpayment/excess benefit covers both his and her claims

    I think I’m I right that we cannot use CTB regs to recover “his overpayment” from her – Reg 85 is explicit: “Recoverable excess benefit shall be due from the claimant or the person to whom the excess benefit was allowed.”

    If this is correct, can she (rather than executors of estate) be held liable for the overpayment? Are there more general laws that can be relied upon?

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