Overpayment recovery from partner

Client has ESA and IS overpayments stretching back quite a few years, they have started reovering a third of his partner’s PIP to repay these. Looking for any advice on this.

Although the Benefit Recovery guide states ‘an overpayment is recoverable from the person who failed to disclose or misrepresent’ it also goes on to say ‘deductions may also be taken from a partner’s benefit if all of the following apply: the overpayment is an overpayment of an income related benefit, they were a couple for the period of the overpayment and benefit is currently in payment to them as a couple.

I’m advised that there is no benefit currently in payment to them as a couple.

Thanks

Overpayments may be recovered from ongoing PIP entitlement but that would not apply to the partner’s PIP

See Regulation 15 and 17 of the Social Security (Payments Overpayments and Recovery ) Regulations 1988

Recovery by deduction from prescribed benefits

15.—(1) Subject to regulation 16, where any amount is recoverable under sections 27 or 53(1) of the Act, or under these Regulations, that amount shall be recoverable by the Secretary of State from any of the benefits prescribed by the next paragraph to which the person from whom [the amount is determined] to be recoverable is entitled.

(2) The following benefits are prescribed for the purposes of this regulation—

(a)subject to paragraphs (1) and (2) of regulation 16, any benefit under the Social Security Act 1975 ;
(aa)a state pension under Part 1 of the Pensions Act 2014;]
(b)subject to paragraphs (1) and (2) of regulation 16, any child benefit;
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)subject to regulation 16, any income support an employment and support allowance,] or state pension credit] or a jobseeker’s allowance].
(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)any incapacity benefit.]
(g)personal independence payment.]
(h)universal credit.]

Recovery from couples

17.  In the case of an overpayment of income support[, or state pension credit], or income-based jobseeker’s allowance] [or income-related employment and support allowance] .. to one of a couple], the amount recoverable by deduction, in accordance with regulation 15, may be recovered by deduction from income support, or state pension credit][, or income-based jobseeker’s allowance] or income-related employment and support allowance]  payable to either of them, provided that the two of them are [a couple] at the date of the deduction

Seems to me that Debt Management are exceeding their powers here

Many thanks for this information.