We are advising a customer with a very old overpayment 1982-4. We had thought that the dept did not have a proper file but have now been sent the "file".
Customer was overpaid Sup Ben because of failure to declare maintenance. There is no evidence of receipt of this maintenance in the file.
Does anyone know whether this might mean that recovery of the overpayment might be open to challenge, any thoughts anyone?

Thanks

when was the decision on overpayment made, and is it too long ago for the DWP to be able now to recover it? i.e, is the DWP out of time to get this back?

The decision was made in Feb 1985. Some repayments were made but these were interupted by coming off benefit.
There may have been a gap without contact from some time in 1985-1993.

so on what basis do they purport to recover?

that's apart from not being able to show that the decision was made, and the evidence in support, etc...

I'm not sure

Within the file we have a copy of the original decision. There are calculations of what was paid and what should have been paid.

I'm not sure that it is statute barred.

I was wondering about caselaw re their apparent inability to prove the case given the lack of evidence of the maintenance. CIS/75/94 looked helpful but I can't find it.

under what statute are the DWP trying to recover this money?

Good grief Claire! Considering the rightsnet clock is an hour slow, what time do you get up in the morning?

05.55 then go sort horse out and read rightsnet at work whilst having breakfast at the office (to beat the traffic....) that's my excuse and i'm sticking to it...

Lol! I can just picture you galloping down the Stockton on Tees high street. I bet you work through your lunch hour too!

On a serious note. Was she getting maintenance and if so did she declare it and what evidence do the DWP have that she was getting it?

Hope I’m not being dim here, always possible,
Suspect recovery via S 71 SS Admin Act 1992
Limitation Act no application - R SB 5/91

According to the decision letter, our customer’s partner received maintenance that was not disclosed. There is no evidence in the file that she was getting it.

Have not discussed any of this with cust. as yet.