Discussion archive

Top Other benefit issues topic #2582

Subject: "limitation act and overpayment" First topic | Last topic
JimC
                              

Casework Supervisor, Mendip CAB
Member since
06th Oct 2005

limitation act and overpayment
Fri 16-Mar-07 09:40 AM

client notified of IB OP june 2000
never recived decision since it was sent to her previous address, she had moved in march 2000

she first became aware of OP when recovery commenced in august 2006
in aug 2006 she started recieveing state RP, and noticed that it was being reduced because of and OP

I have now obtained the papers from the DWP and I believe that the OP IS recoverable since by her own written admission to the DWP she worked without seeking a doctors advice, so it cannot be treated as therapeutic work.(I had initially thought it may be possible to reqeust an any time revision)

however, it feel unfair that the DWP should first hit her with it 6 years on with no attempt in the intervening time to recover.
in the intervening period she had been working and not claiming any benefit for it to be recovered from.

my understanding from the regs book is that the limitation act prevents the DWP taking her to court for recovery since >6years elapsed, but does not prevent them recovering from benefits

PLease.. is there anything this client can do?

thanks, Jim

  

Top      
Top Other benefit issues topic #2582First topic | Last topic