nevip
welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since 22nd Jan 2004
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RE: State Pension & Benefit overpayment deductions
Tue 01-Sep-09 04:04 PM |
Tue 01-Sep-09 04:05 PM by nevip
Under regulation 15 of The Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988, Retirement Pension is a prescribed benefit under Part 2 of The Social Security Contributions and Benefits Act 1992 and so deductions can be made from it.
That it is a possession under Article 1, Protocol 1 of The Human Rights Act is not in doubt and a non-inteference with that possession argument can be founded. However, I think the argument against the right to non-interference and the States right to recover from Retirement Pension would be weak as the right is a qualified one and States have a wide margin of appreciation. An argument based on a high rate of recovery might be stronger, particularly if hardship could be shown.
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