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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. |