Scenario is as follows - Client on partial HB/CTB - LA receives an ETD from P/Service in mid 2005 which confirms income and crucially says the client is also in receipt of AA. Claim adjusted etc without LA checking with anyone to verify start date for AA. It now transpires that, following a review and subsequent VO visit, that client has never been in reciept of AA - we suspect LA will ask for monies to be repaid on grounds that client should have realised he they were receiving too much benefit.
Notwithstanding the fact that 99% of clients have no idea of how benefit is calculated etc, the way we see it is that there are two official errors here -one on the part of Pension service for supplying wrong info, and one on the part of LA for not processing claim correctly - checking on start date of AA etc, therefore any over payment should non recoverable..?