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 avril 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 juillet 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 juillet 2010

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

  • R (Child Poverty Action Group) v Secretary of State for Work and Pensions
    • Supreme Court
    • 08 décembre 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 court should not be too ready to find that a common law remedy has been displaced by a statutory one, not least because it is always open to Parliament to make the position clear by stating explicitly whether the statute is intended to be exhaustive.

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

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  • The Housing Benefit Regulations 2006
    • UK Non-devolved
    • 1 janvier 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 ... ...
  • Finance Act 2009
    • UK Non-devolved
    • 1 janvier 2009
    ... ... 100: Recovery of overpaid tax etc ... (1) Schedule 52 contains provision for and in ... Payments on account and overpayment ... (2) (1) This paragraph applies where as regards any person (“P”) ... ...
  • Housing Benefit (General) Regulations 1987
    • UK Non-devolved
    • 1 janvier 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 ... ...
  • Social Security (Payments on account, Overpayments and Recovery) Regulations 1988
    • UK Non-devolved
    • 1 janvier 1988
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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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