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Recovery of overpaidESA

11 October 2011, 06:08 pm

Pete C
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My client has been overpaid ESA , appealed and lost at the first tier. She has now asked for a Statement Of Reasons but Debt Management are now looking to begin recovery. I am not sure if a claimant in this situation is strictly speaking still under appeal and even if they were whether there are any legal constraints on Debt Management begining to recover the money.

I have not been able to find anything at all about this other than that it is, in my experience, normal practice to put recovery on hold pending the outcome of an appeal. I am not sure that even that would apply here as it is not actually an appeal, more a potential appeal depending on the Statement of Reasons

any comments or thoughts would be gartefully recieved.

11 October 2011, 11:14 pm #1

Ruth_T
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We had a similar case last year. We wrote to Debt Management explaining the situation and they agreed to suspend recovery for a period of three months, with the proviso that we informed them before the period was up what was happening with the case. It took ages for the SoR to be issued and they also agreed to extend the period. After we appealed, the original decision was set aside, and no recovery is taking place pending a re-hearing.

12 October 2011, 10:10 am #2

Kevin D
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Once an appeal has actually been made to the UT (I appreciate the OP’s case isn’t there yet), some case law may assist.

In CH/1757/2009 (heard with CIS/545/2009) - paras 40-41 - a clmt had been receiving threats about bailiff’ action on behalf of a LA. The UTJ directed that any decision in favour of the LA was suspended - the direction was also served on the bailiffs effectively preventing any further recovery action. I can’t see any reason why the same principle cannot apply to DWP debt recovery.

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