HELP! With income support.

dookar

epitome wrote: »

However, there are written laws to govern the recovery of overpaid benefits, you said it yourself, where there is misrep or ftd and also something else called overpayments that are materially due. Do you not think those are written down in statute somewhere?

Of course they are; my point was you were being asked to provide legislation that doesn't exist, an impossible task.

If the law details the circumstances under which they can recover then that's what needs to be looked at - in explicitly stating what can be done, it implicitly states what cannot

epitome

Ohhhh I'm sorry, I agree with that. There is also case law on the subject.

dookar

Aye, this house of commons report explains it far better than I

Overpayments of most benefits administered by the Department for Work and Pensions18,and of Child Benefit, may be recoverable under social security law in two main sets ofcircumstances. 17 Ibid. pp10-11 8
Page 9
The conditions that must usually be satisfied for an overpayment to be recoverable are that:19• There was a misrepresentation, or failure to disclose, a material fact; and• The overpayment occurred as a result of that misrepresentation or failure to disclose;and• The original decision awarding benefit has been changed.The misrepresentation or failure to disclose does not need to have been purposeful. Forexample, if someone did not report a source of income simply because they did not think itmattered, any resulting overpayment would still be recoverable. However, if theoverpayment was the result of official error, where all relevant information was disclosed tothe DWP in the appropriate manner and at the appropriate time, it would not be recoverableunder these provisions

http://www.parliament.uk/briefing-papers/SN05856.pdf

missapril75

Meanwhile, back at the ranch....

@Teyahseyes10 do you have answers to those questions back on the first page?