Hi, just a very quick question......is there a timescale in which the DWP can request repayment of an OP?

My client has JUST received a letter asking for £575.60 due to a proposed OP of IS for March 1996 to July 1996!

No other info given and cl has absolutely no idea what its about.....im in the process of getting all the answers but thought id get the 'heads up' pending!

Cheers.

The time limit for recovery at common law (through the courts) is 6 years fronm the date the cause of action accrued. However, recovery under section 71 of the Admin Act is not time barred and the clock starts to run when the amount of the overpayment has been finally determined by the DWP or at the end of the appeal process wherever that may lie (R(SB) 5/91).

Note the end of that process is where it actuaaly ends in each particular case and not at the end of a theoretical line.

Bugger!

Thanks for your reply though........

It may be worth an appeal even if it doesn't look very strong, since on these very old overpayments the DWP often cannot produce any real evidence and either back down or the claimant wins at tribunal.