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Top Other benefit issues topic #3570

Subject: "CA overpayment" First topic | Last topic
pipkin
                              

Debt Adviser, Southway Housing, Manchester
Member since
10th Mar 2008

CA overpayment
Wed 20-Aug-08 01:05 PM

Wed 20-Aug-08 01:06 PM by pipkin

Following my post about DPs... see here:

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=102&topic_id=6981&mesg_id=6981&page=

Tnt was on CA for some time, a while back.. I dont the circumstance around this, but the DWP found an overpayment and prosecuted her.. successfully...

She was taken to Mag Court and alos fined for this..

Is it too late to look into whether the overpayment was due to anything other than fraud for example..

Can anything be done at this late stage..?

  

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Replies to this topic
RE: CA overpayment, Tony Bowman, 21st Aug 2008, #1
RE: CA overpayment, pipkin, 22nd Aug 2008, #2

Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: CA overpayment
Thu 21-Aug-08 12:59 PM

I haven't read the previous thread as its quite long, but the client can make a late appeal if the time limit for appealing expired within the last 12 months.

Alternatively, if the decision is beyond that time (or even if still within it), the client could seek a review on the grounds of official error, for which there is no time limit - see page 1069 of the CPAG handbook for more details.

It might also be worth checking with the CA unit or debt centre that they properly revised or superseded the awarding decision. If they didn't do that, then, in theory at least, the entitlement remains and there is no overpayment. This is a fairly common source of error in decision-making. See the notes to s.71 SSAA in vol III of the social security legislation. If this is the case, the challenge would be way of a review as the s.71 decision would be subject to an official error.

The last thing I can think of, which might help if there is no obvious official error but the aboslute time limit has passed, is to find out from the client if they made any contact with the CA unit, or debt centre, that was, or could be considered to be, a written explanation or review request. If so, and no reply was provided, then the ordinary dispute period is still in force and any further dispute is not late (reg 31(1)(c) (appeal) and reg 3(1)(b)(iii) (review) D+A regs.

GL!

Tony

  

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pipkin
                              

Debt Adviser, Southway Housing, Manchester
Member since
10th Mar 2008

RE: CA overpayment
Fri 22-Aug-08 02:30 PM

Thanks Tony, very informative response.. Think I may do a bit of digging about..

  

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