Hi,
Can L.A recover overpayment caused by official error? The error was failure to action a change of circumstances.
Cheers,
Jeannette

Not normally, but they may well argue that the claimant should have realised that the amount they were getting was incorrect - it depends on a number of factors how much the overpayment per week was, how familier the claimant was with the HB/CTB system, to what degree they were capable of reading and understanding the award letters etc.

To flesh out what Mike has said and to slightly disagree, the following may help.

HBR 100 applies.

Although Mike says that official error overpayments cannot "normally" be recovered, my first hand experience is that the majority of such overpayments are recoverable.

It's also worth noting that the length of the LA delay is not always an official error. Cmmrs have found that a reasonable delay is not an official error (ranging from 11 days up to nearly 3 months!).

However, assuming the delay does amount to official error, the LA has to decide if the o/p is recoverable. An official error overpayment is still recoverable if:

1) the clmt materially contributed to the mistake by the LA (or DWP or HMRC); OR

2) the clmt could reasonably have been expected to realise that he was being overpaid at either the time of the payment(s), or at the time of any notice relating to the payment(s).


I broadly agree with Mike's summary of the factors to be considered, amongst others, in deciding whether a clmt could reasonably have been expected to realise he was being overpaid.

If an overpayment is found to be recoverable, the LA has a separate choice of whether or not to seek recovery. There is a right of appeal against a decision that an overpayment is recoverable, but NO right of appeal against actual recovery.

Hope the above helps.