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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

Unable to disclose change of circs, recoverable overpayment?

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Patrick Hill
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Housing & Welfare RightsHARP/Assertive Outreach, manchester

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Total Posts: 55

Joined: 27 July 2010

As per my previous posting on this subject.  I did get a response from IDS in this matter via my MP, Andy Burnham.  Sadly all that it contained was information that I already knew and was nothing more than citing the relevant Sections of Acts and Regulations pertaining to the issue.  My MP invited me to respond further if I was not happy with the response from IDS.  This I did pointing out, among other things, that some hospital inpatients were simply too ill, whether physically or mentally, to make declarations of hospital stays.  As such, they might be excused the duty of declaration.  I suggested that the relevant Sections of the Act and Regulations be amended so as to take account of such potential scenarios, thus removing the trauma attached to the threat of recoverable overpayment at some time after discharge from Hospital.  I also made reference to the foggy confusion encompassing the duties of some hospital staff when it comes to declaration of hospital stays and the potential breach of patient confidentiality lurking therein.

I await a further response from IDS.  Indeed, there may be others whyo might wish to provide Andy with some examples of this problem or any ideas they might have in overcoming it.  Please let me know and I’ll be happy to pass them on should you want me to.  Or email them directly to Andy.

Thank you.

Patrick

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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Total Posts: 1362

Joined: 16 June 2010

Looking to the long term, as I understand it, under Universal Credit all benefit overpayments will be recoverable in law. The only protection being to ask them to write the debt off, in cases of exceptional hardship, etc. It actually seems like the current tax credits policy on when not to recover might be a fairer model for the UC guidance to follow, than is this area of soc security law. COP26 says:

However, we understand that exceptional circumstances may
mean that it wasn’t possible for you to meet your responsibilities
on time. For example, you or a close family member may have
been seriously ill so you couldn’t report a change, check your
award notice or tell us about our mistake within 30 days of
getting your award notice. Please let us know if you think
this applies to you, or if you’re not sure whether we’ve made
a mistake.