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Overpayment appeal successful but deductions still being made

 

CAH-Adviser
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Hi all,

Wonder if someone can help, not sure what further action to take. 

Will try and explain this unusual case briefly - 2017 husbands SRP increased, Cl advise all relevant departments of the increase. However, had no evidence of calling the DWP.  However, Housing Benefit department backed Cl’s claims by providing evidence (letter) that she informed them of the change and that the department itself advised the DWP.

Cl requested a mandatory reconsideration against the decision, thankfully she kept copy of this.  No correspondence from the DWP, following several letters , Cl was advised to appeal to the Tribunal without mandatory reconsideration notice.

Tribunal wrote to DWP on several occasions asking them to prepare submission for the appeal to be considered, nothing. Both parties were put on notice to attend hearing, Cl attended, no representative from the DWP. Tribunal were not happy to say the least!

The appeal was allowed.

My question is, the DWP have ignored all correspondence from Cl and the Tribunal. At the beginning the Cl asked the DWP to hold off on recovery of the OP until outcome of the appeal, however, they ignored this request and proceeded to deduct £11.00 p/w from ESA, this is still being recovered to date.

As the appeal was successful the OP is not recoverable. However, the Tribunal has not instructed the DWP, it has not concluded the DWP must now pay the money back. Cl is not sure the Tribunal were aware that the OP was already being recovered.  Cl has had no success in corresponding with the DWP to date, so what chance does she have of asking them to stop deductions and refunding the amount taken so far.

How does the Cl stand legally, any suggestion on how to proceed?

     
ClairemHodgson
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letter to DWP solicitor, and CC the MP in

     
CAH-Adviser
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Ummm - let’s hope it’s as easy as that! Thanks for the advice.

     
nevip
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Here is a letter I sent to the DWP solicitor in a case I had many years ago.  My client got his money back.  Please feel free to use or not, as you see fit.


P.S- “The Commissioner” is now the Upper Tribunal

      [ Edited: 10 Apr 2019 at 03:36 pm by nevip ]

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Elliot Kent
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stevenmcavoy
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i got a direction noticed issued before when this happened saying if the dwp continued to take the cash they would be help in contempt of court.

that seemed to stop it.

     
CAH-Adviser
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nevip - 10 April 2019 03:31 PM

Here is a letter I sent to the DWP solicitor in a case I had many years ago.  My client got his money back.  Please feel free to use or not, as you see fit.


P.S- “The Commissioner” is now the Upper Tribunal

This is great, thanks so much Nevip :)

     
CAH-Adviser
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Elliot Kent - 10 April 2019 04:33 PM

http://www.cpag.org.uk/content/judicial-review-project

Thanks for this Elliot.