Does any one know if the DWP are legally allowed to recover an overpayment while an appeal is pending, in a couple of recent cases the recovery has started almost simultaneously with the letter from Debt Collection being sent out. I would have thought this was doubtful, unless you know the result of the Appeal you don't know whether there is any overpayment to recover so i would expect that recovery would be frozen as soon as the GL 24 was recieved by the DWP.This doesn't seem to be happening at present, has anyone else had this problem and does anyone have a solid legal argument to freeze the recovery? The handbook is rather vague on the point.

thanks

Pete.

Have a look at this

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=102&topic_id=2140&mode=full