See Circular A24 2008...and don't blame me I'm just the messenger.
How it will work 32 From 1 April 2009, once an LA receives sufficient information for them to process a change of circumstances, if they do not process that change of circumstances before the customer’s next payday, they will have to make a decision on whether the overpayment, from the Monday following receipt of all the information, should be classified as an LA official error or an Administrative delay.
33 If the delay in processing the change of circumstances was caused by a mistake, for example the LA put the change of circumstances information to one side and then forgot to process it, the overpayment should be classified as an LA official error.
34 If however, the delay in processing the change of circumstances was due to something out of the LA’s control, for example staff shortages due to sickness, or if they had prioritised their workload, but they were unable to process it because of a backlog, the LA may decide that the overpayment should be classified as an Administrative delay.
35 If the overpayment is classified as an LA official error, the LA must then make a decision on whether it is recoverable. Could the customer reasonably have been expected to realise they were being overpaid at the time of the overpayment or any notices relating to the payments of HB/CTB that were overpaid? If the customer couldn’t, the overpayment is not recoverable.
36 If the overpayment is classified as an Administrative delay, the overpayment is recoverable. This is because all overpayments of HB and CTB are recoverable except certain official errors. As the LA has made a decision that the overpayment was not caused by a mistake and is therefore not an LA official error, the overpayment is automatically recoverable.
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