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Forum Home  →  Discussion  →  Other benefit issues  →  Thread

Overpayment recovery through Court

FerhanaBhogadia
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Senior WRO - Leicester City Council Welfare Rights Service

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Total Posts: 45

Joined: 18 June 2010

Hi,
Client had an overpayment decision-Carers Allowance-failure to disclose-not disputed o/p is recoverable.
I’m checking to ensure there was a recovery decision also.
My advice to the client was, its a recoverable o/p, wait for the recovery decision and we will negotiate at that time.
A personal budget sheet was sent but never completed.

Client says didnt recieve anything further until he received papers Form N322 for the full sum + court fee.
I’ve just spoken to Debt Management who say this is a registration of interest with the court and not a summons for a CCJ.
If the client does not pay, they can enforce through attachment of earnings or distraint of goods.

I dont think this situation comes within the remit of the Supreme Court Judgement CPAG v DWP [2010] UKSC 54 which forbade circumventing the O/P regs via common law enforcement.

I’ve never heard of N322 procedure and cant find any Dec Makers Guidance on it.

Does anyone know what processes determine use of this system, any DMG on it, or what my next steps should be?
Has anyone any experience of this enforcement mechanism?

Ariadne
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Social policy coordinator, CAB, Basingstoke

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Total Posts: 504

Joined: 16 June 2010

Form N322 is a form that can be used to apply to the Court for registration of a decision of a tribunal (there is a fairly well-known similar procedure for employment tribunals and negotiated ACAS settlements). It then allows the court to enforce the decision as if it were a decision of the court.
There must have been a tribunal for this procedure to be used.