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CPAG wins appeal on overpayment recovery
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In a case brought by CPAG the Court of Appeal has ruled today that the Secretary of State for Work and Pensions cannot recover overpayments of social security benefits through the courts where the claimant is not at fault.
Between March 2006 and February 2007 the government wrote to over 65,000 claimants telling them it could take them to court at common law if they did not pay back overpayments. The letter acknowledges the money was paid due to DWP error and was not recoverable under social security law. Benefits affected include those paid to families and those with disabilities as well as to those over 60.
Today’s ruling recognises that “the impact…can be devastating to a person already living in or close to penury.”
The court’s decision means the government cannot write these letters to claimants in future. CPAG is considering the implications for whether claimants can recover money they have already repaid.
Commenting on today’s ruling, Child Poverty Action
Group’s solicitor, Sarah Clarke, said: “We brought this
case because we know that letters sent to vulnerable claimants
threatening court action if they do not repay have caused
considerable distress. We are delighted with the ruling that the
DWP cannot recover these overpayments through the
courts.”
Responsive Repairs Team Leader *2
HR & Health & Safety Assistant
Frances Leckie - http://www.independentliving.co.uk
Commented 21 weeks ago
This is really welcome news -- anyone who has ever received a letter threatening court action will know how distressing it is, and the benefits system is so incredibly complicated anyway, we really don't need anything else to frighten people out of claiming the support they are entitled to.
In particular, people who are caring for a disabled family member save the NHS and social services a great deal of money, and many of them really depend on the benefits they receive to keep their heads above water.