UC migration and ‘undead’ debts

Brian JB - 10 January 2019 02:20 PM

Thanks Mike

That does seem to confirm that they are trying to recover overpayments that have been determined to be recoverable, rather than “official error” overpayments (or rather overpayments deemed “non recoverable” because Section 71(1) or Section 74 not satisfied). I think his comment that there should be “adequate documentary evidence to justify that it is a valid debt, and if there is any doubt about the validity of a debt or the decision to recover it then the claimant or their adviser should make enquiries to obtain the evidence the DWP have used” makes that fairly clear.

If a person had a tribunal hearing and succeeded ,and DWP have no record of that now (which may have happened in the case you are aware of), I can appreciate that this causes great difficulties for the person from whom the allegedly recoverable overpayment is being recovered

I think that’s what they think they’re doing but it really isn’t. We’ve had some ridiculous (and ridiculously frustrating) ones already. UC never goes into payment. Deduction is the full amount of UC. Evidence to support the overpayment is basically that debt management have told them it’s recoverable. SF loans that have previously been recovered in full. Overpayments that were deemed non-recoverable from the off and so on.