Again, not really my area so I am not really in a position to comment. DWP advice is copied below.
7.50 Section 75(7) of the SSAA 1992 states that “...where an amount recoverable under this section is to be recovered otherwise than by deduction from prescribed benefit ... if the person from whom it is recoverable resides in England and Wales and the county court so orders, it is recoverable by execution issued from the county court or otherwise as if it were payable under an order of that court.”
7.51 An HB overpayment decision can be registered as a judgement of the court, (this allows the LA to use any of the enforcement procedures for recovery should the debtor not pay) but this can only be done • once the date for review has passed (good practice would suggest one calendar month in line with appeal rights), or • after the review, or indeed any further review, has upheld the overpayment decision
7.52 Form N322A (County Court form) should be used, see Annex C* later in this section, or visit the court website for a downloadable copy – www.hmcourts-service.gov.uk
*Note: Annex C does not have a header/footer on the page, so you can photocopy the form for use.
7.53 There is no prescription as to which officer should sign the N322A form. The LA should decide the appropriate person, as this person does not have to be a legal officer. A Benefits Overpayment Officer may be appropriate.
7.54 You should send the completed document to the court together with • a certificate confirming the amount remaining is due, this could be an invoice or letter, and • the overpayment decision notice*, a duplicate is acceptable, and • the appropriate fee
*Note: The decision notice is a copy of the letter to the person who the overpayment could legally be recovered from, telling them that there has been a recoverable overpayment. This decision notice must fully comply with the legislation as stated in Part I and Part VII – requirements of Schedule 9 of the HB Regs 2006/((SPC) Sch 8) and Schedule 8 of the CTB regs 2006 ((SPC) Sch 7). See Decision notices earlier in this guide, and Annexes A and B at the end of this section.
7.55 It is important to remember that the application is usually filed in the court for the district in which the person from whom the debt is recoverable resides, ie the court covering the debtor.
7.56 It is also good practice to inform the court in the application whether the respondent has exercised their right of appeal, although there is no provision for this on form N322A.
7.57 The LA’s local court should be contacted when advice is required for completion of their forms, and if there are queries on any part of the court’s procedure.
7.70 An officer of the court will make a decision whether to grant an order and they will inform theLA of the decision. Should an order be granted, a copy will be sent to both the LA and the debtor. This order can then be enforced (see Enforcement later in this section) as if it were a County Court judgement.
7.71 If, however, the County Court does not grant such an order the LA will have to revisit the debt again and decide upon their next action. The LA should consider if the debt should be written off. 7.80 Any appeal against the decision must be made according to the review procedures and not to the County Court. The court will not accept a dispute regarding the fact that there is a recoverable overpayment or from whom it should be recovered. This is a matter that can onlybe taken up by applying for a revision or by appealing. The LA should have allowed one month for appeal rights and so disputes should have been raised before pursuing a debt in court.
7.81 If an overpayment decision notice is defective or the appeal rights have been ignored by the LA, then an application can be made to the court for them to set aside the order.
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