UC overpayment

Client appealed ESA decision and was successful, the ESA was put into payment and he notified UC 4 times of this yet UC continued to pay.  They have now requested repayment and he has appealed against this.

He attended the Tribunal hearing and it has been adjourned pending further evidence, however the Judge stated that the OP would be recoverable anyway but then adjourned the hearing.  Has anyone come across this before?  Would appreciate some advice on this.

Yes, we keep getting this.

It looks as if appeals on UC overpayment recovery can’t succeed as the rule are such that it doesn’t matter who or what caused the overpayment - causation isn’t relevant.

I would recommend a formal complaint about maladministration/official error. In the cases I have raised so far, DWP argues that because the UC Regs allow recovery, they are not answerable for official error. I’m very unhappy with what seems to be a self-serving argument, and I contend that even if causation is not relevant to an appeal, it should be in a complaint of maladministration..

My cases are ending up with MPs, as DWP so far refuses even to accept the complaints.

To my mind, DWP has no incentive to improve its administration as it just lets official errors run and run, and then grabs the money back off the claimant. There isn’t even the equivalent of HMRC’s COP26.

Daphne Hall is collecting case studies for NAO and yours may assist. https://www.rightsnet.org.uk/forums/viewthread/14672/

Thanks - I’ve logged these - very useful :)