Erm, gee thanks Paul.....
First question: does the payment count as HB? Depends on the exact circs. On balance, based on the info given so far, it appears to count as being HB. Relevant CDs/UTDs include CH/0765/2008; R(H) 2/08; CH/0180/2006; CH/2912/2007.
Assuming the payment(s) constitute HB, is the overpayment recoverable? I think it's pretty indisputable that it is caused by an error on the part of the LA. So, it would all come down to the usual considerations:
a) did the clmt (and/or payee) contribute to the cause of the O/P? Seems unlikely in this case.
So,
b) could the clmt (and/or payee) have been reasonably expected to realise there was an overpayment at EITHER the time of the payment or at the time of any notice relating to the overpayment?
The latter is a judgement call and will depend on the knowledge and/or the info available to the clmt / payee.
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