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proceeds of crime act, recovery of overpaid benefits
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
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.
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.
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.
Thanks for that , is there some legislation or guidance I can refer to ?
latest, dwp have stopped deductions from his benefit !!!