Using the Freedom of Information Act 2000, I have obtained figures from DWP about the scale of errors in benefit overpayments. The data lags behind so the latest is a while ago, but the trends are consistent.
One of the sources is the DWP's report on standards of decision making published in March 2010 .
(www.dwp.gov.uk/docs/secretary-of-state-report-on-decision-making.pdf)
DWP's own figures on the percentage of benefit overpayment decisions which are accurate
DWP's own figures on the percentage of benefit overpayment decisions which are accurate
2006/7
|
68
|
2005
|
78
|
2004/5
|
74
|
2003
|
67
|
2002
|
68
|
Furthermore, Tribunal statistics show that between 32% and 35% of appeals against benefit overpayments succeed, which rises to 47% when someone is represented. Again, using the Freedom of Information Act, I have also established that in addition, a very high number of appeals against benefit overpayments are revised in the appellants' favour without having to go to Tribunal.
Whichever way you look at it, the figures illustrate the importance of always appealing against an overpayment decision and that one must not accept at face value, the amounts allegedly overpaid or the state's right to be get money off people.
Worryingly, this includes cases of fraudulent overpayments. Sadly too few criminal defence lawyers and the criminal courts understand the importance and relevance of the benefits appeals process.
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