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recovery of DLA overpayment from IB
is there amount of overpayment that can be recovered from IB limited to 3 times 5% of the personal allowance?
The social security(payments on account)regulations, reg 15(1) states that, subject to regulation 16, an overpayment recoverable under s.71/74 of the SSAA 1992 is reoverable from the benefits listed in reg 15(2) - which includes IB.
regulation 16(4) states that, except for fraud situations, the maximum amount which can be recovered is 3 times 5% of the personal allowance at adult rate.
16(4A) states that the 16(4) ‘shall apply to the following benefits’, and lists IS,(IB)JSA,(IR)ESA and (CB)ESA/JSA when the income based variety would have been in payment but for the existence of the contributory equivalent.
However, I am unsure whether the phrase ‘shall apply to the follow benefits’ indicates that this is an exhaustive list, or whether it is arguable that it is non-exhaustive and that the limit in 16(4) should also apply to IB.
The expect that the fact that 16(4) refers to 5% of the single person adult allowance (which doesn’t really apply to IB) suggests that 16(4A) is actaully exhaustive.
Your comments or expertise would be welcome