I think there is a further distinction that needs to be considered. In summary, there are three different issues:
1) Has there been a decision? 2) Has there been notification of that decision? 3) Does the alleged notification meet the legal requirements?
If no decision has been made, then it is plain that an overpayment cannot exist. But, that doesn't prevent the DWP from then making the decision.
If there has been a decision (& th evidence suggests there has been), the complete lack of notification should normally be enough for a Tribunal to throw the case back to the DWP. Which is all fine and dandy but, again, that doesn't prevent the DWP from rectifying that omission.
The 3rd option is the trickiest because if a claimant is not significantly prejudiced or substantially harmed, a dodgy notification letter won't render the decision to be of no effect (per "Awaritefe").
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