Secretary of state v Balding,

http://www.bailii.org/ew/cases/EWCA/Civ/2007/1327.html

Court of appeal decision this morning, agreeing with the 1st instance decision of Davies J - where, as here, an overpayment arose prior to bankruptcy, after discharge from teh bankrupcty the DWP can't try and get the money by way of deduction from benefits...

Thu 13-Dec-07 12:44 PM by Paul Stagg

Beat me to it!

So the final position is that if a client has had a decision issued against them before the bankruptcy order is made, they will be absolved from having to repay the overpayment (whatever the means by which recovery is sought) when they are discharged from bankruptcy.

There is as yet no authority on the position where a client has an IVA.


DISCLAIMER: This post is intended as a general contribution to the subject-matter under discussion. It is not intended to be relied upon as legal advice. Any person with a similar or identical problem should seek advice from a welfare rights adviser or a lawyer specialising in welfare rights law.

Thu 13-Dec-07 12:52 PM by claire hodgson

odds on the government try and change the law though....

oh, and well done! ....(i couldnt' see how any other decision could have been reached, myself .... but....)

Yes, a very clear statement from the CA how the government will respond in the future remains to be seen and of particular interest would be any attempt to adjust secondary legislation changes in respect to the Debt Relief Orders as it progresses through parliament.

However I am more interested in how we will other than throwing the challenge to the DWP & LA’s to provide details to identify the 1,500 –1,600 cases that will be affected by the decision and be entitled to have their respect deductions repaid, have them duly informed. Further the number of cases mentioned in (2007) EWHC 759 (Admin) did not make clear whether those numbers were alone for Income Support or an accumulative number of benefits other than stated absence of HB & CTB.

A very good thought, mitch....mmmm

Hi all

Following the CA judgment on the SoS appeal I contacted Jane Autherson for the DWP for information on future changes & and adjustments to current polices and practices. Jane was kind enough to forward me a copy of the new ‘Housing Benefit and Council Tax Benefit Circular, HB/CTB A3/2008.

Though provided with a copy of the Circular I have not been able to locate an official URL for those interest, however I did find a copy at:

http://www.hblearning.co.uk/media/circular_summaries/2008/0802/A3v2008_Full.pdf

However it would appear that there is a watch this space element from their perspective, see paragraph 18 (last one)!

Regards

Mitch.

circular A3 also available from rightsnet ... see our 11 february news story ..

Overpayment recovery following discharge from bankruptcy: New HB guidance following recent Court of Appeal judgment