Would appreciate your ideas, am trying to write a submission…

Does anyone know if this argument has been tested - (I’ve read it in a CPAG Welfare Rights Bulletin from Feb 2007)

It’s related to recoverability under reg 32 of the SS Claims and Payments 1987

If the client was not unambiguously told that they should disclose a given fact, then overpayment cannot be recoverable under 32A and the recovery has to be based on a failure to disclose under 32B. In 32B the duty is to disclose to ‘the appropriate office’ and this is defined in reg 2 as ‘an office of the DWP’. Arguably ‘an office’ could be any office etc etc.

In Feb 2007 CPAG said that the argument was still to be tested, anyone know?

Jane