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Forum Home  →  Discussion  →  Other benefit issues  →  Thread

Overpayment recovery from an estate

Paul_Treloar_AgeUK
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CPAG references Secretary of State for Social Services v Solly [1974] 3 All ER 922 as the CoA decision that set precedent here, anyone have a copy they could share with me please?

Many thanks chums :-)

ClairemHodgson
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it doesn’t come up on google, so i should think you’ll need a trip to a law library - i no longer have access to lexisnexis where it could probably be found (too expensive!) or i would have looked there for you….

past caring
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Best I can do is say it’s discussed at some length in CIS/1423/1997 - which I’ve attached.

I can also see from the old forums that Claire emailed it to Dan Manville - but that was whilst he was still at Birmingham TU in 2010. You never know though, he may be prone to the same kind of geekiness as me and will have kept it…..worth a punt Paul, anyway.

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Paul_Treloar_AgeUK
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Thanks mate, I came across that one when searching as well. Will wait and see just how geeky Dan is.

ClairemHodgson
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past caring - 22 March 2017 02:28 PM

I can also see from the old forums that Claire emailed it to Dan Manville - but that was whilst he was still at Birmingham TU in 2010. You never know though, he may be prone to the same kind of geekiness as me and will have kept it…..worth a punt Paul, anyway.

blimey.  that was when i was at a different firm and did have access to lexis nexis…..and even if i did it from home, that doesn’t help as the PC i had then died, contents inaccessible ....also my then rightsnet log in is disabled .... one has to create a new account when changing employer, rather than just updating details

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I know, I know - I’ve been there. But I’ve also got a library of decisions that I’ve taken from job to job (though not this one) - Dan may have done the same maybe…..?

Gareth Morgan
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Looking at our Social Security law CD, there are some other references to Solly:

CIS/1423/1997 became R(IS)6/01
R(SB)28/83
R(SB)21/82
R(SB)1/96
CIS/3813/1997
CIS/242/2003

Dan_Manville
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/me hangs head in shame and surrenders his anorak

I do recall that it’s a really short decision though and beyond laying out a very short principle that monies can be recovered from an estate there’s little extra substance.

Paul_Treloar_AgeUK
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Ah well, thanks all anyway :-)

ClairemHodgson
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i guess the object lesson, therefore, is that if we find such old stuff we should send it it to rightsnet as well as to the person who requested it….

Paul_Treloar_AgeUK
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Nail on head Claire.