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Subject to paragraph (4) this paragraph applies to an overpayment [ which arose in consequence of ] an official error where the claimant or a person acting on his behalf or any other person to whom th
Subject to paragraph (4) this paragraph applies to an overpayment [which arose in consequence of] an official error where the claimant or a person acting on his behalf or any other person to whom the payment is made could not, at the time of receipt of the payment or of any notice relating to that payment, reasonably have been expected to realise that it was an overpayment.
- Heading
- E FITZPATRICK
- The appeal to the First-tier Tribunal
- The Proceedings before the Upper Tribunal
- The legislation
- Subject to paragraph (4) this paragraph applies to an overpayment [ which arose in consequence of ] an official error where the claimant or a person acting on his behalf or any other person to whom th
- In paragraph (2), “overpayment [ which arose in consequence of an official error ] ” means an overpayment caused by a mistake made whether in the form of an act or omission by—(a)the relevant authorit
- (b)an officer or person acting for that authority
- the overpayment was caused by an official error which no relevant person caused or contributed to; and
- D uty to notify changes of circumstances
- (a)in writing; or Conclusions