Legal advice on recovery of overpayment where decision set aside

Longstanding case here where client lost LT entitlement and overpayment decisions at tribunal, and recoverable overpayment was about £75K. Subsequently convicted at Crown Court (fail to report change) although DWP came to court with “revised” overpayment of £31K.

Later, UT decision to accept DWP submission that its “revised” decision was a nullity, and to set aside both originial entitlement and overpayment decisions (i.e. decision was that original DWP decisions should be set aside).

Option was open to DWP to remake those decisions, but none have been notified, and now 12 months have elapsed. No appeal against UT decision.

Debt Management have written to client to inform her they are arranging recovery of £75K by deductions from current income support. We sent copy of UT decision and asked them to cancel recovery or provide proof that decisions remade (which is unlikely, as no one has received notification and in the light of information prior to criminal case, overpayment would be £31K maxmimum)

Usual Debt Management response - nothing to do with them; they will only cancel when Benefit office tells them to; if we have query about overpayment, write to Benefit Office (we don’t have a query - we know what was decided!).

We have written again, and asked them to sort out the internal lack of communication, rather than expecting us (or client) to do it. We also said that we would refer client to seek legal advice if recovery of this (currently) non existant overpayment commences.

Does anyone know any solicitors in the Wirral/Merseyside area who would be able to give advice on what steps could be taken?

Hi B

Merseyside Welfare Rights still have a solicitor and a legal Aid contract, perhaps give them a ring, I will email you their details

From the facts it seems DWP appear to be in limbo - failing to issue a new decision whilst confusingly seeking recovery on a non existent recovery. 

The DWP in reality have the power to make a fresh revision/supercession decision at any time - of course an entitlement decision is required in advance of any o/p decision - both of which are appealable and should trigger suspension of recovery - the fact DWP have not issued a decision by now possibly means they will never or they are backlogged (more likely the latter).

It is a bit of a catch 22 - (i) do you repeatedly prompt the local DWP office to the fact there is no current decision/recoverable overpayment which may result in them issuing new ones or (ii) you don’t prompt them and just liaise with debt management and challenge any recovery they seek hoping and praying the DWP lose interest.

Its the choice I always put forward to clients and seek their instructions.

On a final note - there is potential to appeal the crown court conviction on basis there was never a revised entitlement decision or consequential overpayment.  This falls more into realms of Criminal Law though.

I have probably rabbitted on about stuff you aready know. If so, apologies.  Hopefully it may help others though.

Thanks for the above replies

Brian