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Forum Home  →  Discussion  →  Other areas of social welfare law  →  Thread

proceeds of crime act, recovery of overpaid benefits

SocSec
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welfare benefits/citizens advice//ashfield

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Urgent Help please, I have a client who was overpaid £30.000 DLA,, he is paying it back from his current benefit award of ESA. The crown prosecution has now got an order for him to pay £15.000 on a confiscation order for the same DLA that he is paying back to DWP. Has anyone got advice or information on this a it seems wrong to ask my client to pay back the same overpayment twice

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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How much has he repaid so far?

he should ony pay the 15k net of any confiscation order I’d reckon.

Once saw someone who’d had compensation recovered then a DAL overpayment that covered the same period. Debt management were quite straighforward once I supplied the certificate of recoverable benefit.

SocSec
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welfare benefits/citizens advice//ashfield

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has paid nothing back so far, he owes £30k in total and has a comp order for £15k so I calculate he owes £15k after payment of the order but it seems his legal team were rather clueless and the barrister even asked the crown court Judge to get the on-going recovery suspended , which as the Judge pointed out is not in his/her power.

Dan_Manville
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SocSec - 18 November 2015 03:00 PM

has paid nothing back so far, he owes £30k in total and has a comp order for £15k so I calculate he owes £15k after payment of the order but it seems his legal team were rather clueless and the barrister even asked the crown court Judge to get the on-going recovery suspended , which as the Judge pointed out is not in his/her power.

Then he won’t be paying back the same overpayment twice; he’ll be mandated to pay half of it at once. I’d just make sure that debt management are aware of the confiscation order and have adjusted their figures accordingly.

SocSec
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welfare benefits/citizens advice//ashfield

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Total Posts: 277

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Thanks for that , is there some legislation or guidance I can refer to ?

SocSec
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welfare benefits/citizens advice//ashfield

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Total Posts: 277

Joined: 11 July 2013

latest, dwp have stopped deductions from his benefit !!!