Big Phil
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Department of work and pensions
Big Phil replied to skintandbroke's topic in General Consumer Issues
Yeah, i could do with some advice re Dwp -
Hi, I hope you got this matter sorted, just in case you havent, it looks to me like the authority have failed to act on information recieved this would count as an official error...the The Housing Benefit Regulations 2006 state: Recoverable overpayments 100. —(1) Any overpayment, except one to which paragraph (2) applies, shall be recoverable. (2) Subject to paragraph (4) this paragraph applies to an overpayment caused by an official error where the claimant or a person acting on his behalf or any other person to whom the payment is made could not, at the time of receipt of the payment or of any notice relating to that payment, reasonably have been expected to realise that it was an overpayment. (3) In paragraph (2), "overpayment caused by official error" means an overpayment caused by a mistake made whether in the form of an act or omission by— (a) the relevant authority; (b) an officer or person acting for that authority; © an officer of— (i) the Department for Work and Pensions; or (ii) Revenue and Customs, acting as such; or (d) a person providing services to the Department for Work and Pensions or to the Commissioners for Her Majesty's Revenue and Customs They had failed to act on information recieved this constitutes an error and makes the overpayment irrecoverable.
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