Overpayment and Recovery in UK Law
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R (Balding) v Secretary of State for Work and Pensions
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That will no doubt be so if the Secretary of State has actually elected – as he did in this case—to recoup the overpaid benefit by deduction at source from subsequent prescribed benefits. As I see it, the liability to repay cannot be said to be not a "bankruptcy debt" (as defined) if one form of recovery – viz by deduction under s.71(8) or s.78(2) – is adopted but can be a "bankruptcy debt" if another form of recovery is adopted.
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R (Cooper) v Secretary of State for Work and Pensions
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B v Secretary of State for Work and Pensions
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I consider that the argument falls at the first fence, because it does not appear to me that any possessions of the appellant are at stake. What the Secretary of State is claiming is an entitlement to recover money which should not have been paid to the appellant in the first place. But the recovery of overpaid benefits, for the reason I have given, seems to me to stand outside this question and by parity of reasoning outside art 1P1.
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R (DFS Furniture Company Plc) v Commissioners of Customs and Excise
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R (Child Poverty Action Group) v Secretary of State for Work and Pensions
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Day v Haine and Another
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Housing Benefit (General) Regulations 1987
... ... sub-paragraph shall not apply to any expenses incurred in the recovery of a debt ... (6) A deduction shall be made under paragraph (3)(a) or ... that unless the rent allowance is paid at weekly intervals an overpayment is likely to occur; or ... (b) (b) the person entitled is liable to pay ... ...
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The Housing Benefit Regulations 2006
... ... sub-paragraph shall not apply to any expenses incurred in the recovery of a debt ... (6) A deduction shall be made under paragraph (3) (a) or ... Credits Act is subject to a deduction by way of recovery of an overpayment of working tax credit or child tax credit which arose in a previous tax ... ...
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Finance Act 2022
... ... 58: Assessment, payment, collection and recovery ... (1) The levy is recoverable as a debt due to the Crown ... (2) The ... of an amount of public interest business protection tax (an “overpayment claim”) where the person believes the tax is not due.(2) Those ... ...
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Social Security (Payments on account, Overpayments and Recovery) Regulations 1988
... ... payment the recipient shall be given notice in writing of his liability under this Part to have it brought into account and to repay any overpayment ... (F123) Where the recipient of an interim payment of disability living allowance(a) is terminally ill within the meaning of section 35(2C) of ... ...
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Social Security Prosecutions and Overpayment Recovery*
This Article examines some of the problems arising from the interaction between the criminal, civil and administrative responses to non-compliance with social security legislation, in particular, c...
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DWP slashes benefit fraud.
... ... that the DWP should consider setting appropriate targets for overpayment recovery from fraud cases where clients were no longer on benefits ... ...
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The Social Security (Scotland) Act 2018 – A Rights-Based Approach to Social Security?
... ... The legislation also clarifies the procedures governing overpayment recovery and fraud investigations, and confers a range of powers on the ... ...
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Overview of Recent Cases before the European Court of Human Rights and the European Court of Justice (January – March 2012)
... ... within the scope of P11.37 e case involved UK law concerning the recovery of overpaid social security payments. is law provides that an ... Law140 Intersentiaany material fact, and in consequence an overpayment has arisen. Ms. B, who had a severe learning disability, was in receipt of ... ...
- Overpayment Of Benefits: Limits On Recovery
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Pensions in Dispute February 2018
Welcome to our quarterly pensions litigation briefing, designed to help pensions managers identify key risks in scheme administration, and trustees update their knowledge and understanding. This br...... ... Change of position – can a member ... keep an overpayment? ... Where a pension has been overpaid the starting point is ... the scheme for recovery". Two recent cases considered ... the most common defence, known as \xE2\x80" ... ...
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Public Law Case Update ' Q1 2023
... ... Despite this, the ... Secretary of State refused to waive recovery of the overpayment ... applying the policy set out in his 'Benefit ... ...
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Difficulties In Recovering Overpayments
... ... to reclaim the overpayment ... Could B recover the alleged overpayment? The Court of Appeal ... said ... If a standard form of contract is not used, the recovery of any ... overpayment can be problematic (as it was in Furmans v ... ...