Overpayment and Recovery in UK Law

Leading Cases
  • R (Balding) v Secretary of State for Work and Pensions
    • Queen's Bench Division (Administrative Court)
    • 03 April 2007

    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.

  • B v Secretary of State for Work and Pensions
    • Court of Appeal (Civil Division)
    • 20 July 2005

    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.

  • R (Cooper) v Secretary of State for Work and Pensions
    • Queen's Bench Division (Administrative Court)
    • 26 July 2010

  • R (DFS Furniture Company Plc) v Commissioners of Customs and Excise
    • Queen's Bench Division (Administrative Court)
    • 22 March 2002

  • R (Child Poverty Action Group) v Secretary of State for Work and Pensions
    • Supreme Court
    • 08 December 2010

    Since the Secretary of State paid the benefit awarded pursuant to a statutory duty, there could be no question of his having made a mistake of fact or law in making the payment. This explains too why section 71 contains no express exclusion of any common law right of recovery: there simply was none and it is hardly surprising that no such exclusion was inserted in 1998 when the adjudicatory and payment functions merged.

    The question is not whether there are any differences between the common law remedy and the statutory scheme. The question is whether the differences are so substantial that they demonstrate that Parliament could not have intended the common law remedy to survive the introduction of the statutory scheme.

  • Day v Haine and Another
    • Chancery Division
    • 19 October 2007

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Legislation
  • Housing Benefit (General) Regulations 1987
    • UK Non-devolved
    • January 01, 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 ... ...
  • The Housing Benefit Regulations 2006
    • UK Non-devolved
    • January 01, 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 ... ...
  • Social Security (Payments on account, Overpayments and Recovery) Regulations 1988
    • UK Non-devolved
    • January 01, 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 ... (3) Where the recipient of an interim payment of disability living allowance(a) is terminally ill within the meaning of section 35(2C) of the ... ...
  • Finance Act 2022
    • UK Non-devolved
    • January 01, 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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Books & Journal Articles
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Law Firm Commentaries
  • Overpayment Of Benefits: Limits On Recovery
    • Mondaq UK
  • Pensions in Dispute February 2018
    • JD Supra United Kingdom
    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" ... ...
  • Public Law Case Update ' Q1 2023
    • Mondaq UK
    ... ... Despite this, the ... Secretary of State refused to waive recovery of the overpayment ... applying the policy set out in his 'Benefit ... ...
  • Difficulties In Recovering Overpayments
    • Mondaq United Kingdom
    ... ... 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 ... ...
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