UC overpayments

We have been asked to repay an overpayment of UC where we have a managed payment. The overpayment is for a 5 month period from May 16 where the DWP paid housing element based on a higher rent (before 1% decrease in April 16). We notified them of correct rent when we applied for an APA in June 16.

The DWP guidance says an overpayment may occur if they “failed to act promptly” when notified of a change of circs but doesn’t say this would mean it was not recoverable.

Anyone had any success with a MR on this kind of situation?

All OP of UC recoverable whatever caused them.

DWP however has discretion about whether to recover but the guidance published says will only use this where recovery would cause hardship (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/206533/UC-JSA-ESA-overpayments-customer_guidance-cop1-june13.pdf). Lord Freud during the WRB 12 debates had promised that the ‘extensive guidance’ would also include not recovering where OP occurred due to official error - but this hasn’t materialised.

Basically means that UC uses the tax credits rather than MTB model of OPs and recovery.

Thanks. Doesn’t seem to be much point requesting a MR then

Can still MR/appeal whether OP occurred or how it’s been calculated but if no doubt about that and there is amount OPed then not an option.

Should still complain if they are seeking to recover, especially if entirely their fault that has occurred and ask that they use the discretion that they do have not to recover appropriately. Remember if they refuse can take it to the Independent Case Examiner and beyond - that could lead to an agreement/recommendations to at least change their guidance.