Terms & Conditions

[Anonymous]

I seem to recall reading about either a tribunal decision or a commisioners decision regarding a claimant who had not declared a private pension but had supplied bank statements clearly showing a pension being credited to his account.
When a claimant error overpayment was created once the private pension was eventually included in the assessment the argument was that the local authority should have realised that the claimant received a private pension from the bank statements and that the overpayment was therefore official error and not claimant error .

Can anyone shed any light on this or have I just imagined it?

[Stephen Murray]

archie, could you be thinking of CH/1336/2004?

https://hbinfo.org/menu2a/cdoverpayments/ch_1336_2004.doc

[Stephen Murray]

or could it be CH/603/04?

https://hbinfo.org/menu2a/cdoverpayments/ch_0603_2004.doc

[Anonymous]

I think the 1336 case is the one. Thanks Stephen.

[Author]

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