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UC overpayments recovery explanatory rationale
Extracts…...................
‘Thank you for your enquiry. Unfortunately, based on the evidence provided Ms .......... request for a waiver has been refused by the waiver team. I appreciate that your constituent may be experiencing difficulties, however Ms….......... medical conditions are pre-existing and not as a direct result of any recovery action, therefore this is taken into consideration along with any medical evidence’.
‘Although the overpayments are classed as official error, this is the case with all Universal Credit overpayments, however as the claimant received the benefit, this must be repaid’.
I’t is not our intention to cause upset and distress to our customers and I appreciate that any recovery of an overpayment may cause some hardship, however the overpayments are recoverable under Social Security legislation. In view of the circumstances, we can consider also consider hardship and accept a lower rate of repayment’.
Claimant made a formal complaint that DWP error was the sole cause of overpayment.
DWP response was to MR the overpayment decision and uphold their decision whilst admitting it was official error. In separate advice they claimed that an appeal was the claimant’s only way forward.
So - no consideration of discretion not to recover, complaint ignored.
Giving them a chance to think again - then off to MP.
Claimant made a formal complaint that DWP error was the sole cause of overpayment.
DWP response was to MR the overpayment decision and uphold their decision whilst admitting it was official error. In separate advice they claimed that an appeal was the claimant’s only way forward.
So - no consideration of discretion not to recover, complaint ignored.
Giving them a chance to think again - then off to MP.
Good luck with that!