Overpayment and Recovery in UK Law

  • 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 ... ...
  • Pensions Snapshot - April 2018
    • Mondaq UK
    ... ... the Code? Pensions Ombudsman Determination - Mr Y (PO-10171): recovery of overpayments From Green to White Court of Appeal upholds High Court ... 5 June 2005 and 20 May 2015, Mr Y had received a net pension overpayment of £20,978.36. Equiniti therefore contacted Mr Y to request recovery of ... ...
  • Payment Terms Under NEC3
    • Mondaq United Kingdom
    ... ... bore the burden of proof when attempting to recover any overpayment. The Issues ... The point arising for decision here concerned the ... final account, or when a party either seeks additional payment or recovery of overpayment. The sum assessed and certified by the project manager ... ...
  • Pension Overpayments And The Saga Of 'David v Goliath'
    • Mondaq United Kingdom
    ... ... Keeping the overpayment? ... However, if because of the mistake or overpayment, the recipient ... Widows then wrote to Mrs McNicholas in November 2011 to seek recovery of the overpayment claiming that it had been paid by mistake and had ... ...
  • Having Your Cake and Eating it: Debt Relief Orders and the Public Purse
    • Mondaq United Kingdom
    ... ... [2010] EWHC 2162 (Admin) addressed the question of whether recovery of 'accidental' - as opposed to fraudulently obtained - overpayments of ... a change in circumstances; the omission on her part led to overpayment of benefits, the other had received a social fund loan but had not repaid ... ...
  • CMS Proposes Invalidating Adjuster Methodology And Recouping Past Improper Payments From Medicare Advantage Organizations
    • Mondaq UK
    ... ... to determine whether the insurer had received an aggregate overpayment. The methodology provided for a "Fee-For-Service" adjuster to offset the ... ...
  • Top Takeaways | 2023 Physician Practice Management & ASC Symposium 2023 | Fraud & Abuse Risk Mitigation And Enforcement Trends
    • Mondaq UK
    ... ... The federal government recently released False Claims Act ... recovery data for 2022. While the recovery amounts went down, the ... number of ... This used to ... be tied to the definition of identifying the overpayment according ... to the overpayment regulation; now, it is a more nebulous ... ...
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