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Top Other benefit issues topic #4125

Subject: "good news ...." First topic | Last topic
shawn
                              

editorial director, rightsnet
Member since
28th Jul 2005

good news ....
Wed 14-Oct-09 01:31 PM

see today's rightsnet news ....

Power to recover official error overpayments under common law: New Court of Appeal judgment

  

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Replies to this topic
RE: good news ...., ariadne2, 14th Oct 2009, #1
RE: good news ...., shawn, 15th Oct 2009, #2
      RE: good news ...., nevip, 15th Oct 2009, #3
           RE: good news ...., clairehodgson, 17th Oct 2009, #4
                RE: good news ...., shawn, 22nd Oct 2009, #5

ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: good news ....
Wed 14-Oct-09 02:25 PM

Brilliant, isn't it?

  

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shawn
                              

editorial director, rightsnet
Member since
28th Jul 2005

RE: good news ....
Thu 15-Oct-09 11:13 AM

guardian editorial today -

'It is simply not on to dish out money and then turn round several months later and suddenly demand the cash back. So ruled the court of appeal yesterday, forcing the government to write off welfare overpayments it had been busily trying to claw back from 65,000 claimants who had fully complied with the rules. The judgment places the responsibility for maladministration squarely with the administrators, and acknowledges the great difficulties with retrospective redress. The people's representatives should have been celebrating this important coup for their most vulnerable voters. But the only botched admin most MPs are concerned about just now is that of the Commons fees office, and the only retrospective justice stirring indignation in Westminster is Sir Thomas Legg's demand for the return of excessive parliamentary allowances.'

http://www.guardian.co.uk/commentisfree/2009/oct/15/mps-expenses-repayments-legg-letters

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: good news ....
Thu 15-Oct-09 11:37 AM

Channel 4 news covered the CA's decision last night. Unfortunately it ended the piece by saying that the only recoverable overpayments from now on will be those for fraud.

Oh dear. I'm not expecting a flood of enquiries by any stretch of the imagination but I do suppose I will be uttering the phrase "where a person, whether fraudulently or otherwise, fails to disclose etc, etc" more than once in the coming months.

  

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clairehodgson
                              

solicitor, CMH Solicitors, Durham
Member since
09th Apr 2009

RE: good news ....
Sat 17-Oct-09 10:29 PM

only just clocked this - excellent!!

here's the full judgement:


http://www.bailii.org/ew/cases/EWCA/Civ/2009/1058.html

  

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shawn
                              

editorial director, rightsnet
Member since
28th Jul 2005

RE: good news ....
Thu 22-Oct-09 03:05 PM

new briefing from cpag @ http://www.cpag.org.uk/welfarerights/overpayment-recovery/

  

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