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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

ESA -notification of overpayment (acknowledged by ESA as their fault)

TJL
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Derby advice - Derby Homes

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Total Posts: 251

Joined: 17 June 2010

Am I correct   in thinking that as there   is   no schedule of Overpayment that the   letter to client stating you have   been overpaid (detailing amounts and dates is not sufficient to enforce recovery process)

I’m fairly certain DWP have to be seen to ask for   money   back (even though they   acknowledge they are   cause of
o’p)

Thanks in advance

Ruth_T
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Volunteer adviser - Corby Borough Welfare Rights & CAB

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Joined: 21 June 2010

Don’t there have to be two DECISIONS?

1) that an overpayment has been incurred
2) that the overpayment is recoverable (from the claimant).

Both decisions carry a right of challenge, by MR and then by appeal.    If there really has been an official error, then there is no point challenging the fact that there has been an overpayment, and only the recoverability needs to be challenged.