PeteD
Welfare Department Manager, Stephensons Solicitors, Leigh, Lancs
Member since 23rd Jan 2004
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RE: Fraud and Tribunals - CH/1820/2006
Wed 24-Mar-10 02:20 PM |
Last point....my understanding:-
if the initial DWP overpayment decision states £x, and a prosecution goes ahead detailing £y as the loss to public funds, then £x applies in all cases for recoverability.
if the initial decision (again amount £x) is appealed and an amount of £z is subsequently deemed recoverable (higher or lower), and a posecution case again finds £y...then £z still remains the recoverable amount.
Recovery of overpayment (and the amount) is wholly determined by the DWP or a Tribunal on appeal, or the civil courts.
The criminal courts will only look to establish the loss to public funds in order to decide sentencing and possibly to consider mitigation.
more generally...
In the instant case, I have to concur with Neil...the question of guilt, plea bargaining, admin penalties et al are merely sideshows in terms of the Tribunal's role...however, I can recall several cases where the tribunal have taken such issues into account (albeit unlawfully). As Neil again states, there are numerous aspects to any op case beyond the question of disclosure/timing of disclosure.
It seems to me that a tribunal may still wish to hear the argument on the "fact" that the claimant did indeed inform the Department, irrespective of the crown court's decision that such disclosure was unreasonably delayed...seems to me the crown court may have applied a different rationale to the case somehow??
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