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Overpayments
- Pete
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14 years 2 months ago #27248 by Pete
Overpayments was created by Pete
I have reqested an oral hearing over my severley disabled brother who has an over payment of several thousands of pounds.He was in supported tenacy and Mencap looked after him.He moved to a nursing home and thats where the overpayment occured Mencap did not inform the DWP of his move as it was them who applied for the benefit.The DWP want their money saying i should have informed them.So i dont know where i stand i told them about Mencap but they do not want to know i am really worried and dont know what to say at an oral hearing
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- Crazydiamond
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14 years 2 months ago #27277 by Crazydiamond
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Crazydiamond on topic Re:Overpayments
Pete wrote:
It is up to the claimant or the claimant's representative ie agent or appointee, to report any change of circumstances which may affect their benefit entitlement promptly.
In the situation you have described the obilgation to report the change of circumstances rests with the claimant (or representative) and not Mencap. As an oral hearing has been requested, all that can be done is to give a full account of the circumstances which led to the overpayment including any mitigating circumstances.
It will then be for the tribunal to decide whether or not the alleged overpayment is recoverable?
I have reqested an oral hearing over my severley disabled brother who has an over payment of several thousands of pounds.He was in supported tenacy and Mencap looked after him.He moved to a nursing home and thats where the overpayment occured Mencap did not inform the DWP of his move as it was them who applied for the benefit.The DWP want their money saying i should have informed them.So i dont know where i stand i told them about Mencap but they do not want to know i am really worried and dont know what to say at an oral hearing
It is up to the claimant or the claimant's representative ie agent or appointee, to report any change of circumstances which may affect their benefit entitlement promptly.
In the situation you have described the obilgation to report the change of circumstances rests with the claimant (or representative) and not Mencap. As an oral hearing has been requested, all that can be done is to give a full account of the circumstances which led to the overpayment including any mitigating circumstances.
It will then be for the tribunal to decide whether or not the alleged overpayment is recoverable?
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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