Welfare reform.  What an act!

Am I alone in thinking that section 105 of the Welfare Reform Act 2012, by bringing in a new section into the Admin Act (71ZE), effectively reverses the decision in CPAG v DWP (common law recovery through the courts does not apply to benefits).  And, the coming into force of section 108 (amendment to the Limitation Act) effectively buries Joseph v Newham Borough Council (a decision that the Limitation Act applies to HB – and by extension, to other benefits as well).

On the face of it, it only applies if an overpayment is already held to be recoverable under 71ZB in which case it seems more a method for enforcing recovery than determining recoverability, but will the Courts know that?

For the part relating to Scotland it doesn’t even seem to need to go before a Sherrif - it jumps straight to enforcement “as if ... issued by the Sherrif Court”:

(2)Where an amount is recoverable under section 71ZB from a person residing in Scotland, the amount recoverable may be enforced as if it were payable under an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

For England/Wales the words “if a county court so orders” are included

It’ll probably have to go to another test case…