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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Offset arrears

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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How do

Has anyone any experience of getting arrears paid after a Section 74 offset? My client was overpaid; I was pretty convinced it was recoverable but the Civil Penalty that accompanied it should not have been applied so I challenged that.

While this was ongoing SDP & EDP were awarded and the overpayment offset against the arrears. However the challenge to the Civ Pen has rendered the overpayment non recoverable as well.

I have spoken to debt management and they give me the impression that it will be really straightforward but nothing’s straightforward these days so I don’t believe them.

Folks’ experiences would be welcome as this is the first time I’ve seen this.

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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I have had but the one. Three o/ps and three admin. penalties. All overturned and so offset arrears was the only outstanding issue. The thing itself was straight forward. The only catch was of course that this is Debt Management so of course it was like knitting with fog to jolly them along and get the thing done. When it was finally done - I think it took three months for them to sort one and about six before we were done and dusted. Poor, but not unexpected.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Thanks Mike.

Was that in the dog days when Debt Management were really backlogged or more recently?

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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I’ve just checked back and the last bit of the case was closed in September 2016. However, the DWP elements were finally closed late 2015.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Total Posts: 2262

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Ace…

Thanks