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Benefit errors 'can be recouped' Benefit errors 'can be recouped'
(10 minutes later)
The government is entitled to take legal action to recover social security benefits it paid "by mistake", a judge has ruled.The government is entitled to take legal action to recover social security benefits it paid "by mistake", a judge has ruled.
The Child Poverty Action Group had argued that ministers had no power to seek to claw back overpayments where the recipient had done nothing wrong.The Child Poverty Action Group had argued that ministers had no power to seek to claw back overpayments where the recipient had done nothing wrong.
But in a test case the High Court ruled the government was "entitled to ask for money back" under common law.But in a test case the High Court ruled the government was "entitled to ask for money back" under common law.
Lawyers said the ruling could impact on hundreds of thousands of people.Lawyers said the ruling could impact on hundreds of thousands of people.
Between March 2006 and February 2007, the government wrote to 65,000 claimants who had received too much in benefits, saying it was allowed to ask for the money back.
It said it would seek recovery through the courts if necessary.
Deputy High Court Judge Michael Supperstone QC ruled against the action group's argument that the Work and Pensions Secretary had no power to do so.
He declared that under common law the government was "entitled to ask for money back on the basis that the recipient was not entitled to receive it".
However, recognising the widespread implications of his ruling for many people, he gave the group permission to appeal against the decision.