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Updated chapter on discretion to waive overpayments
Chapter 8 - Secretary of State discretion and waiver in the benefit overpayment recovery staff guide has been updated.
Comparing it with the previous version, these are the differences I have spotted (paragraph numbers in updated version)
para 8.2 - confirms that overpayment can be considered ‘at any point in the debt journey’
para 8.3 - a bit more info about the types of discretion that can be applied - and newly adding reduction or suspension as options
para 8.6 - slightly more detail on factors which may be relevant to include
para 8.8 - more info on when recovery may not be ‘in public interest’
para 8.9 - new -
Waiver will not be dependent upon all of the factors above being applicable but is likely to be a combination and will be dependent upon the individual circumstances of the case. The decision should consider all the relevant factors and any other exceptional or extenuating circumstances; however, the decision will always take into account the impact of recovery on the debtor.
paras 8.10 to 8.13 - a new section on waiver suitability
paras 8.14 to 8.21 - a new section on waiver process - think this could be quite helpful in making sure they do all they should do
paras 8.30 to 8.45 - considerably expanded section on welfare/ill health - includes guidance on where there has been financial/domestic abuse, where there was no overall loss to public purse, terminal illness, and self-harm
I may not have spotted everything - do add anything else you see or correct me if I’m wrong :)
Changes not unrelated to the court case they are facing from the Public Law Project?