Terms & Conditions

[Anonymous]

I have a slightly unusual case, and would appreciate your thoughts!

Lone parent, formerly County Council Worker, returns to work for the CC for 16 hours per week. They unfortunately continue to pay her at her full time rate, thus overpaying some £200 per month. this goes on for 3 months, but now she has to pay the money back.

Her outreach worker is asking us to revise her benefit over the period the CC overpaid her, using the wages she SHOULD have got.

I don’t believe we can do this, as she has had the use of the extra money over the period. Does anyone know of any CD’s which support this view (or otherwise!) ?

She will presumably be paying back in instalments from her wages. Should we allow the repayments as a deduction from her gross pay?

Any advice most gratefully recieved!

Ann

[Carol Meredith]

I would use the amount that she should have received provided that she has to pay it back. The extra amount she received was not earned income as she did not earn it, it was a mistake. If someone received say Incapacity Benefit for a period longer than they were entitled to it, we would not continue to treat them as receiving Incapacity Benefit up the date that it actually ceased, we would go back to when it should have ceased. I think that this is just the same.

[seanosul]

[quote:c49cb11a72=”Carol Meredith”]I would use the amount that she should have received provided that she has to pay it back. The extra amount she received was not earned income as she did not earn it, it was a mistake. If someone received say Incapacity Benefit for a period longer than they were entitled to it, we would not continue to treat them as receiving Incapacity Benefit up the date that it actually ceased, we would go back to when it should have ceased. I think that this is just the same.[/quote:c49cb11a72]

I would agree with Carol, but obviously (??) would not allow the deduction from the ongoing wages for repayment of the overpayment.

[Author]

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