Section 68 of the above Act is what appears to be an amnesty for a failure to tell the BA/DWP about any relevant facts, or later changes in their circumstances, that might affect their benefit entitlement. When this was enacted there must have been a juxtapostion provision which permits the recovery of overpayments caused by "non-notification". However, it could be still be argued that there remains certain cases where disabled people cannot reasonably be expected to know how their benefit entitlement relates to their physical or mental condition or its effects — or that there is something they have to tell the Agency about. Below is the commentray from the Act I would welcome comments and opinion


Section 68: Certain overpayments of benefit not to be recoverable

This section provides that certain overpayments of benefits made before 1 June 1999 cannot be recovered from the recipient.

As a condition of receiving benefits, claimants are expected to tell the Benefits Agency about any relevant facts, or later changes in their circumstances, that might affect their benefit entitlement.
If they do not, and it is later judged that they have received more benefit than they should have as a result, they are liable to repay the full amount of overpaid benefit. In most cases, it is clear what
changes of circumstances need to be reported (for example, getting a higher level of income while receiving an income-related benefit).

However, with disability and incapacity related benefits, there are certain cases where disabled people cannot reasonably be expected to know how their benefit entitlement relates to their physical
or mental condition or its effects — or that there is something they have to tell the Agency about

Cheers

LTC