Help needed-Changes to recovery of overpayments?

I know with UC, DWP are bring in legislation to recover all overpayments regardless of the reason or blame.
Has there been any moves to bring this in already-a client came in claiming this and I need to know whether the failure to disclose/misrep recovery only was still current.
Thanks

The power to recover overpayments irrespective of fault pursuant to section 105 of the Welfare Reform Act 2012 will only apply to the following:

(a)universal credit,
(b)jobseeker’s allowance,
(c)employment and support allowance, and
(d)except in prescribed circumstances, housing credit (within the meaning of the State Pension Credit Act 2002).

For all other benefits unless otherwise prescribed the failure to disclose/misrepresentation provisions will still apply.  Section 105 must be brought into force by way of secondary legislation but I don’t know whether that has yet happened or not.

as far as i can see, section 105 has only been brought into force as far as it relates to the civil penalty provisions that came in on 1 october 2012 -

rightsnet story on 2nd welfare reform act commencement order -

http://www.rightsnet.org.uk/news/story/second-welfare-reform-act-2012-commencement-order/

so, general provisions about recovery on ‘no fault’ basis not in yet i would say.

Thankyou both.

Is S108 in force yet?

s108 came into force on 8/3/12 and has retrospective effect “except for the purposes of proceedings brought before the coming into force of this section”.