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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Overpayment Recovery

PCLC
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Benefits Supervisor - Plumstead Law Centre, London

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Total Posts: 240

Joined: 16 June 2010

Hi all

Can anyone point me in the direction of guidance on recovery of an overpayment pending an appeal?

I lodged a late appeal against an overpayment, where recovery action had already commenced as client did not appeal within one month.

I have chased it up to find out if the lateness was accepted by the DM or sent to the Tribunal to accept. All I was told was that it “has gone to appeals”. When I asked if the DM had accepted it the answer was that they did not know, but it had not been sent to the Tribunal. So I said it sounded like the DM had accepted it, and as it was treated as made in time recovery should now cease. The person was very polite but insistent that their guidance was that if an appeal was made outside the dispute period of one month, then recovery would commence and that was that!

Any help appreciated on how to respond - is there guidance in this scenario?

PCLC
forum member

Benefits Supervisor - Plumstead Law Centre, London

Send message

Total Posts: 240

Joined: 16 June 2010

Brill, many thanks