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Whatever happened to COP1?
I asked via FOI why COP1 had been withdrawn, what to expect to replace it and when: response just received – [addressed to Glenys Harriman, who has presumably asked the same question!]
‘the publication was withdrawn following advice received from the ‘Gov.uk’ owners, who had identified that this information had only been accessed on a very limited number of occasions and that this guidance, in effect, captured in the benefit waiver guidance. [sic]
Going forward, we are looking to merge this guidance and the Universal Credit (UC) guidance rather than have a separate UC Code of Practice. We will explicitly reference UC as part of this work, which we hope to complete by May 2018.
I assume that the ‘benefit waiver guidance’ refers to Ch. 8 of the Overpayment Recovery Guide - https://www.gov.uk/government/publications/benefit-overpayment-recovery-staff-guide
This goes on to state that UC overpayments are all recoverable, even those arising from official error.
You can of course seek MR/appeal of the overpayment decision, but - ‘For Universal Credit overpayments recovery will not be suspended during the Mandatory Reconsideration process’ - nor will it during the appeal process.
There are hardship provisions and possible waiver etc – but in the end, if UC drop a clanger, the claimant suffers.
We’ll have to wait for the new piece, but what about Mr Grayling’s words from 2011:
‘The practical reality is that we do not have to recover money from people where official error has been made, and we do not intend, in many cases, to recover money where official error has been made. There will be an absolutely clear code of practice that will govern the circumstances in which recovery action will or will not be taken, to ensure consistent, considered decision making.’
Hi, do you know the legislative basis for UC recovery during a MR or appeal? The idea that they can recover regardless is horrifying.
Cheers
Hi - at the moment I can only think that as WRA 2012 s.105 says any amount paid in excess of entitlement is recoverable pretty much without exception, presumably DWP can choose administratively (and without right of appeal) at what stage they put this into action.
I’ll try to find a proper answer.
Hi can anyone confirm if the content of COP1 was any different to the content of Ch8 Recovery Overpayment Guide as per the link above?
Were there any case examples etc?
Sorry ignore the above - you can still read the ‘withdrawn’ publication on the website. It just refers to significant hardship and significant harm to the welfare of the claimant, and suggests evidence be provided.
Going forward, we are looking to merge this guidance and the Universal Credit (UC) guidance rather than have a separate UC Code of Practice. We will explicitly reference UC as part of this work, which we hope to complete by May 2018.
Was any further guidance or code of practice ever published?
From this recent story, a total of 10 UC overpayments were waived in 2018/19, from only 30 write-off requests. Which suggests it’s not a very accessible procedure. And these figures are rounded to the nearest 10, so it might be even less.
I assume that the ‘benefit waiver guidance’ refers to Ch. 8 of the Overpayment Recovery Guide - https://www.gov.uk/government/publications/benefit-overpayment-recovery-staff-guide
Benefit overpayment recovery guide 5.83 - Waiver is considered on the individual circumstances of the case but is normally only considered where both current and future recovery action will result in severe issues for the welfare of the debtor or their family.
This does seem rather wide open to challenge, given that it’s bordering on the opposite of what Grayling assured.
There is another thread on here (am I am not sure how to put a link on here) with a letter from Amber Rudd to Oliver Letwin from February 2019 in which she said -
“It is correct that in law all overpayments of UC are recoverable ......... However, we can use discretion to not seek recovery of an overpayment. this can be on the basis of how the overpayment arose or the impact of recovery on the claimant or their immediate family”
I sent a copy to Debt Management when they refused to waive a wholly official error overpayment on the grounds of hardship, stating that they could not consider the cause of the overpayment. As yet, I haven’t had a reply