Underlying Entitlement

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  • #31741
    s wilde
    Participant

    Hi All,

    Can underlying entitlement be awarded at any time after an overpayment?

    The customer had an overpayment in June 09, was asked for the information to allow us to net off the overpayment on her new circumstrances but didn’t supply it. 15months later she has provided the information and if i recalculated (granted u/entitlement) for the period of the o/payment the debt would reduce substantially.

    But can I do this?

    thank you

    #88796
    Anonymous
    Guest

    I believe underlying entitlement is no more than a revision of the overpayment decision, and would be subject to the normal time limits. Others have different views. Try searching for “underlying entitlement time limit” – there are around 25 previous threads that mention the subject. You might be able to revise on grounds of official error depending on how the overpayment decision was made.

    #88797
    peterdelamothe
    Keymaster

    There is 90% agreement that there is no time limit and 10% dissention. The legal argument remains that an overpayment “decision” is not a decision but a determination – because that is what the law states. There is no time limit for the latter. DWP “policy” is that there is a time limit but DWP lawyers have told me categorically they agree with the no time limit group. Naturally they cannot officially disagree with their colleagues. However, I have put the legal arguments (to be fair, barrister Paul Stagg’s) to DWP and asked them for a rebuttal ….but without a convincing response. Jane Autherson the DWP overpayment official is the most helpful of people too.

    So I would say that you can indeed award UE at your discretion.

    #41710
    Kevin D
    Participant

    I happily throw mine in with the 10%. If an overpayment “decision” is merely a determination, that would prima facie exclude it from the right of appeal, as an appeal can only be made against a “relevant [b:080dbd6f86]decision[/b:080dbd6f86]”. I can’t see any UT finding there is no right of appeal against an overpayment “determination”. By accepting such an appeal as valid, it must be regarded as a “decision”.

    As stated many times before, HBR 104 is not some sort of standalone scheme. It is an integral part of the decision making process relating to overpayments.

    As an aside, 90%? Not in my experience.

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