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UC overpayment DWP error
Hello,
I am aware that all UC overpayments are recoverable, but I wonder if anyone has any tactics or advice on what to do next.
A UC overpayment has arisen as despite DWP employee assisting a recent widow to open her claim, in 2019, and took photocopies of documents, including her husbands annuity which she received on his death. She then received her own annuity six months later and both were included as income from this point. However, it has now arisen that the husbands annuity was not included in the calculation for the first six months. This has caused the overpayment.
Any thoughts on what we can do next? I don’t think we can ask for discretion not to recover as this lady is now working so hardship may be difficult to evidence.
I don’t think we have a case for an appeal due to all UC claims being recoverable.
We can’t check if the amount of overpayment is correct as the DWP have advised via the journal ‘Once the overpayment was processed the system updated all the statements to show the corrected award’
Thank you
Liz
1. You might want to consider whether the claimant can argue that recovery should not take place as the client, having given the DWP the correct information, then received the payments in good faith. She spent the money thinking it was hers etc. As such she may have a legitimate expectation defence to whether recovery should take place. Such an argument is easier if she queried the amount at the time and was reassured it was correct but that is not necessarily essential. See the articles here:
a) Overpayments and Legitimate Expectation
b) Overpayments, Legitimate Expectation: Human Rights
2. In terms of establishing the size of the overpayment, a Subject Access Request to DWP might elicit documents showing what she was paid previously.
2. In terms of establishing the size of the overpayment, a Subject Access Request to DWP might elicit documents showing what she was paid previously.
Do this.
But if time is an issue, then the client’s bank statements for the relevant period will also show what she was actually paid. Having to wait for the SAR results in order to establish what was paid would be sufficient reason for any MR/appeal being made late - but I’d want to check that against the bank statements anyway…..