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Artfully Dodging?
Claimant is overpaid UC in July2019 because in spite of his efforts, CA paid to him is not counted as income.
UC starts to recover the overpayment - complaint made that DWP should consider its own role in causing the overpayment, it is asked to apply SoS discretion not to recover the debt.
DWP responds that the claimant should appeal - we respond that this, as they well know, would be pointless. We ask again, please apply discretion.
Silence.
DWP was then advised that the complaint will proceed to the claimant’s MP if it does not respond- no reply.
MP written to at end of Sept 2020.
Today, DWP replies in writing. The debt is now paid so there is no debt so there is nothing to do, so, basically, nyerrrr.
At least the letter had the vital paragraph allowing the matter to go to ICE.
How to dodge responsibility by doing nothing for a year…..
We have a ESA version.
Client had made numerous references on his journal to making a claim for ESA, the date of his ESA interview with the same UC WC, and that he had been awarded ESA, within the assessment period, before UC paid for that AP.
As well as an avoidable UC overpayment, a £50 penalty was added.
Is the penalty appealable in the circumstances?
Is the penalty appealable in the circumstances?
Yeah we helped client lodge an MR (for any onlookers see CPAG page 1268 for convenience).
I am guessing it was a human intervention, rather than a robot i.e. the penalty???
Andrew - UC overpayments due to ongoing payment and/or arrears of CA appears to be a fairly frequent occurence. The prevention of duplication of payments procedure between CA and UC appear particularly unreliable. We have seen nothing to suggest CA contact UC before paying arrears - sometimes substantial sums where the arrears are due following a PIP tribunal etc.
Needless to say DWP refuse to exercise discretion and not seek recovery of the UC overpayment.