Overpayment Appeal

Hi

Hoping someone can point me in the right direction regarding benefit overpayments. Firstly, let me start by saying I’m not very experienced with overpayment rules and legislation.

As a charity (and myself as an adviser) have never really dealt with Overpayments at the appeal stages - we now, however, have 4 new overpayment appeals (varying stages and benefits).

Is there an online resources, similar to pipinfo.net, that gives an overview of the legislation and case law that I should look at when preparing my appeals? Or even a good resource book that we could buy?

Is there any guidance on written submission for appeals (I’ve used a few tips from here and other books in the past for PIP/ESA appeals)?

On final and very specific question, if an appeal references video surveillance do I get a copy of this or can I request a copy? I have issues with one client where I really do need to see the footage to get the context out of it.

Thanks

Adam

I would have thought the CPAG Welfare Benefits Handbook would be the place to start - there’s a chapter on overpayments which of course references useful caselaw. 

If video surveillance has been used in the decision-making process, the appeal response should definitely include this (directions request if not).  It’s been so long since this was an issue for me, the last time I was involved with such an appeal it was on video tape, but surely things have moved on since then.

It’s remarkable how many overpayment appeal issues develop once you have sight of the papers, even when it doesn’t look very promising to start with.

Thank you - Our charity has just bought the CPAG book so will wait until I have that.

I assume the video will be online in an mp4 format (I actually don’t have a DVD Player or anywhere on my PC where I can play one!)

The issue in most overpayment cases is whether the entitlement decision is correct. i.e. whether the facts the decision is based on and the legal consequences of those facts are as described, whether grounds for revision or supersession are established and whether the new entitlement is correctly calculated. These factors aren’t really different in an overpayment case to a case where entitlement has been ended without an overpayment.

The additional issues in overpayment cases typically arise once it is established that there is an overpayment. The main ones are whether the overpayment is recoverable, whether there is scope for the overpayment to be dealt with as a ‘closed period’ supersession to preserve ongoing entitlement and whether there is scope for offsetting. There is information on all of this in CPAG.

I have said this before and nobody agreed with me but I would be concerned in your position at being asked to take responsibility for a case involving surveillance evidence (and presumably a fraud investigation) in circumstances where neither you nor anyone else in your organisation has any training or experience in dealing with these things. I realise that there is a bit of a “have a go” culture in welfare rights work but I do think that we ultimately have a professional duty not to take on work which is beyond what we can reasonably say we have been trained to deal with.