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Top Decision Making and Appeals topic #2613

Subject: "Overpayment of Pension Credits" First topic | Last topic
northwiltshire
                              

welfare rights officer, c.a.b. n.wiltshire
Member since
26th Jan 2004

Overpayment of Pension Credits
Mon 10-Mar-08 12:23 PM

I had to share this one , client came in with a overpayment of PCs, I suspect it was o/p whilst waiting for SRP and it wasn't offset before SRP backdate paid.So I rang the main DWP Nuneaton debt office and spoke with the person dealing with appeals.

I explained the situation and whether the o/p was being recovered under Social Security Admin Act S71 or S74 because if latter no point in appealing in this case. Not only couldn't the Officer in question say , she confirmed she didn't know what I was talking about.

Then she gave me a lecture on the claimants moral responsibility to repay and the law shouldn't play a part in it.
Hail the future, that job stacking shelfs in Sainsburys is looking more attractive by the day.

  

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Essie
                              

specialist support worker, LASA
Member since
02nd Feb 2004

RE: Overpayment of Pension Credits
Mon 10-Mar-08 02:20 PM

I think you are quite right to be a bit (may be a lot more!) puzzled by the reply.

It used to be that in accordance with RSB/12/81, there was, apart from the question of law, in the issues of failure to disclose ( so long as it is not under s74) also a moral obligation to disclose. After Hinchy the view is that in most cases the obligation has to be a legal one. Otherwise in most cases every one would submit a claim or make a decision on a block of ice, and then leave them in the sunshine, for further Metamorphoses!!

  

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Top Decision Making and Appeals topic #2613First topic | Last topic