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PIP review outcome all over the place
- Alex
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1.25 This is usually an overpayment caused by an error or omission by an officer of DWP, or another government agency or department. However, these overpayments (or part of them), that fall to be determined under S71 of the Social Security Administration Act 1992, are routinely classified as Official Error, where the overpayment (or part of it) is not as a result of a failure to disclose or misrepresentation by the claimant but is as a result of an error arising under an award of benefit. Such overpayments are not recoverable under social security legislation.
In December 2010 the Supreme Court [footnote 1] held that for any payments made as part of an award of benefit, the social security framework provided the only powers of recovery and these official error overpayments where the error arose under an award of benefit are therefore written off without any recovery action being taken as they cannot be recovered by common law principles as the payment is made within a valid benefit award.
1.26 For Universal Credit and New Style JSA and ESA claims, any overprovision, including Official Error overpayments, can be recovered under Social Security Legislation.
Do you think this could be what the lady meant when she said she is putting it down as a clerical error?
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- Catherine
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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Alex
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Catherine wrote: I think where the clerical officer has been appointed to a position with the DWP where they have the power and authority to perform by any means an official error this official error may be referred to as a clerical error since it was performed by a member of the clerical staff not withstanding the fact that the aforementioned clerical error was an official error.
Hi Catherine, I'm really sorry, I don't understand. Are you saying that if the member of staff said it was a clerical error that it is likely to be actioned as official error?
Also, I just opened the post today and there's a form from PIP saying that it's time to review my award. 'When we awarded you PIP on 25th February 2021, we told you we would write to you to see if your needs have changed'. I was told that it was a five year award over the phone, but the letter from the assessment just gone said December 2021 at the award end date, but this was an error.
I will phone PIP enquiry team on Monday, but do you think it's possible that because the wrong award date was printed on my PIP review award notice, that the system has just sent out another PIP review? Sorry for asking. This is all over the place and I'm all over the place.
Thank you so much for all the support and help.
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- Catherine
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And yes, I think a phone call to the DWP is going to be the only way through this. Most frustrating for you!
Catherine
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- denby
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best, Denby
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- Alex
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denby wrote: Hi Alex, if they carry on hassling you I'd get your MP involved.
best, Denby
Hi Denby, thank you so much for your kind comments and for making me feel better - I felt so distressed. Unfortunately, my MP wouldn't be interested because he has made it very clear in the past when I've had problems that he thinks it's a matter for the DWP, and not him.
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