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Top Other benefits topic #1864

Subject: "Demand for o/p back to 1986" First topic | Last topic
charliek
                              

Welfare Benefits Caseworker, Banbury CAB
Member since
14th May 2008

Demand for o/p back to 1986
Wed 09-Jul-08 09:33 AM

Can anyone help??

Just seen a gentleman who has received a demand for an overpayment raised in 1986, they are going to deduct from his ongoing ben.

Looks like overpayment was originally raised when he was with his ex wife (now deceased). The claim looks to be in his name although he does not remember it and says his wife made a claim to benefit he thinks at the time but is not sure.

Obviously the decision was originally made in 1986 so way way past standard time limits. I am going to write to DM and appeal to their better nature and ask them to write off but does my client have any actual right of appeal since it was so long ago?

Thanks for any help

  

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Replies to this topic
RE: Demand for o/p back to 1986, ariadne2, 09th Jul 2008, #1
RE: Demand for o/p back to 1986, charliek, 09th Jul 2008, #2

ariadne2
                              

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

RE: Demand for o/p back to 1986
Wed 09-Jul-08 02:46 PM

1986? Which benefit are we talking about? That's back in the old Supp Ben days!

If there has never been a previous decision on recoverability it is not too late to appeal it now. They will still need to prove that there has been an overpayment and that it is recoverable - what chance of the evidence still existing?

They will also need the subs to address the relevant law as at the date of the alleged overpayment.

Does your client have the foggiest idea what this is about, or what might be the truth of the matter?

  

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charliek
                              

Welfare Benefits Caseworker, Banbury CAB
Member since
14th May 2008

RE: Demand for o/p back to 1986
Wed 09-Jul-08 02:55 PM

He doesnt what its for, he did say he had problems with his ex and debt but she is now deceased and they split up 15 odd years ago.

The only thing i have is something attached to a copy of the decision saying it was because he failed to declare she was working and that the debt was suspended because of a compensation order on a previous overpayment. But again my client is not aware of this but thinks that she was doing something with the court regarding debt?

  

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Top Other benefits topic #1864First topic | Last topic