DWP overpayment 14 years ago

Anthorn

Morlock wrote: »

But the DWP can still take the debt from current or future benefit payments without a court order. So, yes, they can.

In your reply to my post you edited my comments and deleted relevant information which most likely means you are trolling. Here's the full comment you are referring to without deletions:

No they can't: Under the Limitation Act 1980 the DWP have 6 years to claim an overpayment. If it's over 6 years it cannot be enforced in a court of law and therefore cannot otherwise be enforced, i.e. by deduction from existing current benefits. It's known as being "statute barred". If they try to enforce it in a court of law you can put in a defence saying that it is statute barred and quoting the Limitation Act 1980.

The DWP can do anything they like, so can you and so can I so long as the conequences of an action are considered. But the fact remains that the law of the land in the form of an Act of Parliament says they can't. It should fail on appeal or on appeal to an ombudsman service, probably the Parliamentary and Health Service Ombudsman or less likely the Pensions Ombudsman.

http://www.ombudsman.org.uk/improving-public-service/reports-and-consultations/reports/parliamentary/putting-things-right