Hello all

Client having deductions for overpayments (incapacity benefit & DLA in this case) taken from her state pension. According to my information system state pension is not on the list of benefits that overpayments cannot be taken from, but is the state pension classed as a welfare benefit, as is a right based on contributions.

Tue 01-Sep-09 04:05 PM by nevip

Under regulation 15 of The Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988, Retirement Pension is a prescribed benefit under Part 2 of The Social Security Contributions and Benefits Act 1992 and so deductions can be made from it.

That it is a possession under Article 1, Protocol 1 of The Human Rights Act is not in doubt and a non-inteference with that possession argument can be founded. However, I think the argument against the right to non-interference and the States right to recover from Retirement Pension would be weak as the right is a qualified one and States have a wide margin of appreciation. An argument based on a high rate of recovery might be stronger, particularly if hardship could be shown.