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"Abatement by 'notional entitlement' was a purely administrative process and had no basis in legislation.Following the introduction of WFTC and the successful defence of a Judicial Review, which challenged the Department's policy not to take a notional entiltlement to tax credit into account against an overpayment, the abatement policy and waiver criteria have been reviewed."
Ministers have agreed that abatement on account of notional entitlement will no longer be used to reduce recoverable OP's.The waiver criteria have also been reviewed to allow,in certain exceptional circumstances,full or partial waiver in cases of extreme injustice and hardship,which would previously have been covered by abatement. This action will be considered centrally by Debt Management Policy and Briefings Section.
In addition a recent case referred to the Ombudsman highlighted inequalities within the former special age and welfare provisions. These were around the difficulty of applying the criteria equitably due to the reliance on information such as capital or health, which is not readily available in all cases.Further enquiries to ascertain this information (particularly around capital) are likely to create anxiety themselves and are not therefore considered an option.Additionally, the use of age as a criterion is open to challenge under HR legislation.Therefore the application of discretion under special age and welfare criteria is to be removed.
The paragraphs above are from a Debt Management internal circular issued in Novemer last year.As you have found,if you ask for notional entitlment to another benefit to abate the OP, your request will be refused.If you make further representations claiming injustice or wanting to take the matter futher these will be treated as requests for waiver which will be referred to the Policy and Briefing section at Quarry House.
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