Wherever possible your conclusion should not come as a surprise
to the claimant. If you have been in discussion with them during a
phone call or at a meeting you should have told them the award will
need to be revised as soon as this became clear.
It is particularly important that you advise them of any
potential overpayment as soon as it becomes clear their award will
need to be revised even if you are not in a position to quantify
the amount of the overpayment. In this way the recovery of the
overpayment will not come as a surprise.
Where there is a continuing award the overpayment will be
recovered from future payments. Where there is no continuing award
the claimant(s) will be asked to make a direct payment to DM&B.
Once the award has been revised a notice to pay is issued
requesting direct payment.
Where you are aware that the overpayment will be or is
likely to be recoverable as a lump sum you should advise the
claimant as soon as possible even if you are not yet in a position
to revise the award. In addition to advising them that the
overpayment will be repayable 30 days after the date of the revised
award notice, you
must warn them that interest is payable if the
overpayment relates to fraud or neglect – see
CCM14120.
Once you are in a position to close your enquiry you must
issue a closure letter – see
CCM14140.
