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Benefits

Volume 184: debated on Friday 1 February 1991

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To ask the Secretary of State for Social Security if he will publish in table form his Department's policy in respect of recovery of overpayment of benefit in the case of each benefit for which his Department is responsible.

Section 53 of the Social Security Act 1986 applies a common test to the recovery of overpaid social security benefits. The statutory test is whether the overpayment results from

"misrepresentation or failure to disclose a material fact".
The independent adjudicating authorities administer this test, deciding whether an overpayment has occurred and whether it is recoverable. If an overpayment is determined to be recoverable the Department on behalf of the Secretary of State is entitled to seek recovery.