Terms & Conditions

[jane]

An Appeal Tribunal has decided that excess CTB which is categorised as ‘technical error’ is not recoverable and I’m asking for a statement of reasons with a view to appealing to Commissioners on a point of law.

I was under the impression that the CTB regs made technical error overpayments always recoverable, but can’t find this anywhere.

Can anyone help?

[aosulliv]

Can’t be non recoverable as per Reg 83(a) and 84(4) (old regs)

[Kevin D]

This assumes that by “technical”, you mean overpaid CTB for a period after the date of the revision / supersession decision.

If so, it is a clear error in law – the current reg is [b:f5d8c90426]CTBR 83(5)[/b:f5d8c90426]. For what it’s worth, this has also happened in a couple of cases I have dealt with. One or two Chairs just get a bit carried away – i.e. it’s LA error, and non-recoverable for the WHOLE period….

This is so clear, you shouldn’t even need any CDs. But, just to fortify the position, this may help: [b:f5d8c90426]CH/4227/2004[/b:f5d8c90426] (para 52). There are a couple of other CDs where the same finding was made on this issue – just can’t identify them for now 🙂 .

Regards

[jane]

Thanks for your help.

Kevin – Yes, your interpretation of the circs is correct.

I also wondered whether CTB reg 83(5) referred to the technical o/p, but CPAG gives it the same meaning as HB reg 100(4) (Old reg 99(4)) so I thought it MUSTN’T refer to tech error o/p!

I really appreciate your help – Thank you.

[Author]

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