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Neutral Citation Number:
Reported Number: R(SB)5/91
File Number: CSB 888 1988
Appellant:
Respondent:
Judge/Commissioner: Dr D. G. Rice
Date Of Decision: 28/03/1990
Date Added: 26/06/2002
Main Category: Recovery of overpayments
Main Subcategory: amount recoverable
Secondary Category:
Secondary Subcategory:
Notes: Recovery of overpayment - limitation period - whether section 9(1) of the Limitation Act 1980 applies before an overpayment is found to be recoverable An adjudication officer decided on 3 February 1986 that the claimant had been overpaid supplementary benefit amounting to £4,445.82 which was recoverable from him pursuant to section 20 of the Supplementary Benefits Act 1976. The claimant appealed to the tribunal on the ground that section 9(1) of the Limitation Act 1980 applied to the computation of any recoverable overpayment of benefit. The tribunal rejected this contention and upheld the adjudication officer's decision. The claimant appealed to the Commissioner. Held that: section 9(1) of the Limitation Act simply has no application to proceedings before the adjudicating authorities but when the amount of the overpayment has been finally determined by the adjudicating authority at whatever level, including the Commissioner or Court of Appeal, then, and then only, for the purpose of recovery of the overpayment by action in the Courts, time begins to run (para. 7). The appeal was dismissed.
Decision(s) to Download: Sb05_91.doc Sb05_91.doc