Technical error CTB overpayment non recoverable?

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    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?


    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 🙂 .



    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.

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