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Forum Home  →  Discussion  →  Benefits for older people  →  Thread

deductions of overpayments from pension credit

ClairemHodgson
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Solicitor, SC Law, Harrow

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Joined: 13 April 2016

asked on behalf of a colleague:

Client and his wife are having money deducted from their pension credit for a historic overpayment of income support. The original overpayment decision was made in April 1999 (!) under s. 71 of the Social Security Administration Act 1992.

Now, i know the rules have changed in UC so they can take more anytime.

Is that the same for PC?  given the date of the original decision i should have thought it was a time barred overpayment long before PC was invented?

Are there regs allowing this, and if some kind soul can point us to them be grateful!

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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Debts only become time-barred by the Limitation Act for the purposes of court action, not for self-help actions [edit: or so I guess was the intention].

As per this old thread, the nail in the coffin for contrary arguments in social security law was s108 of the Welfare Reform Act 2012.

[ Edited: 28 Nov 2018 at 01:08 am by Jon (CANY) ]
ClairemHodgson
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Solicitor, SC Law, Harrow

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Total Posts: 1221

Joined: 13 April 2016

thank you

you were up late!

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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Total Posts: 1362

Joined: 16 June 2010

I need to get out more 😊