Generating recoverable overpayments

I was interviewing someone the other day, whose First Tier decision to place in the WRAG had been set aside, with a view to trying for the Support Group when it’s listed again.  Of course, this is someone who has now been paid all arrears due as a result of being placed in the WRAG the first time round. 

Given that all overpayments are recoverable if you hit the 2013 rules, it crossed my mind that if this had all started a few months later, and the next tribunal don’t think as much of his case as the last one, he could face a new decision finding him fit, with an overpayment to repay into the bargain.

I suppose the same could apply to anyone simply appealing to move into the support group.

Has this happened to anyone yet?  It’s probably true though, isn’t it?

He’s entitled to ESA until the appeal is determined and is treated as having LCW until the hearing so I don’t see where the overpayment would arise.

Removed original post.  It would pay me to read new Decisions and Appeals Regs first. 

It’s a very interesting point Robbo and it could well deter people from appealing if you’re right.