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overpayment appeals

 

peer advocate
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DATUS - enabling recovery. Birmingham

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Joined: 4 April 2016

Hi all.

Looking at taking on my first overpayment appeal which is quite complicated and just wanted some general advice on how the tribunal service approach this.

I’m assuming it will be just a judge rather than a panel with a medical member although it was for ESA..

Are they likely to be focused strictly on the letter of the law and whether the rules were broken, or will they be willing to look at things like extenuating circumstances, proportionality of penalty, outcome of severe penalty for someone with mental health problems etc.

     
Daphne
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rightsnet writer / editor

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Joined: 14 March 2014

It will just be a judge on their own and will look at whether the overpayment has been arrived at correctly - all the appropriate revisions/supersessions done, and whether it is recoverable.

Discretion not to recover (if there is an overpayment) is down to the DWP and you can write in about that separately - there’s guidance here - https://www.gov.uk/government/publications/benefit-overpayment-recovery-staff-guide