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Benefit Overpayments

Worried Resident made this Freedom of Information request to Medway Council

The request was refused by Medway Council.

From: Worried Resident

25 November 2011

Dear Medway Council,

1.Can you confirm or deny that if YOU {Medway Unitary Authority}
Make a benefit overpayment which is NOT the fault of the claimant
then you must inform the claimant in form of a breakdown where the
error had been made rather than simply claim that person or persons
has been overpaid.

2. Can you also confirm or deny that if an overpayment has occured
due to official error and not through error of the claimant, he or
she is not obliged in law to repay that overpayment.

Yours faithfully,
Mary-Ann P

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From: Customer First Auto Response
Medway Council

25 November 2011

This is an automated response to thank you for your email. Your Service Request ID is 1885986. Please quote this number should you need to contact us again regarding this matter.

We aim to respond to all emails from the public within 5 working days, where they are seeking a response. However, please note that if your enquiry is complicated then it may take longer to provide you with a full and accurate response. If you are complaining by email your complaint will be handled in accordance with the council's complaint procedure, please see www.medway.gov.uk/councilanddemocracy/co....

If you are e-mailing queries under the Freedom of Information Act, Medway Council have 20 working days in which to respond.

This e-mail was sent from a notification-only address that cannot accept incoming e-mail so please do not reply to this message.

If you have any questions, please contact Customer First on 01634 333333. We are open from 8am until 8pm Monday to Friday, and 9am to 1pm on Saturday.

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Alternatively if you have access to the Internet you may wish to visit our website at www.medway.gov.uk to see if your enquiry can be dealt with online.

Customer First
Medway Council
Gun Wharf
Dock Road
Chatham
Kent ME4 4TR
tel: 01634 333333
email: [Medway Council request email]

This email is available in large print or another language. Please contact [Medway Council request email] or telephone 01634 333333. Please note that calls to this number may be recorded for coaching and security purposes.

This e-mail (including any attachments) is intended only for the recipient's) named above. If you are not the intended recipient's), an addressing or transmission error has misdirected this email. It may contain confidential or privileged information and should not be read, copied, printed, disclosed or otherwise used by any other person unless express permission is given. Therefore, please contact the sender and delete the e-mail from your system.

This email has been scanned for viruses and all reasonable precautions have been taken to ensure that none are present. Medway Council cannot accept responsibility for any loss or damage arising from the use of this email or attachments. Any views expressed in this email are those of the individual sender and not necessarily those of Medway Council unless explicitly stated. Please be aware that emails sent to or received from Medway Council may be intercepted and read by the council. Interception will only occur to ensure compliance with council policies or procedures or regulatory obligations, to prevent or deter crime, or for the purposes of essential maintenance or support of the email system.

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This email has been scanned for viruses and all reasonable precautions have been taken to ensure that none are present. Medway Council cannot accept responsibility for any loss or damage arising from the use of this email or attachments. Any views expressed in this email are those of the individual sender and not necessarily those of Medway Council unless explicitly stated.

Please be aware that emails sent to or received from Medway Council may be subject to recording and/or monitoring in accordance with relevant legislation.

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From: poulson, jon
Medway Council

6 December 2011


Attachment FOI Complaints procedures.doc
170K Download View as HTML


Dear Mary-Ann P,

 

                                                                                                           
Refusal Notice

Request for Information Reference Number:   RFI/4963

 

Thank you for your request for information which we received on 28
November 2011.

 

The information you requested is as follows:

 

1.Can you confirm or deny that if YOU {Medway Unitary Authority} Make a
benefit overpayment which is NOT the fault of the claimant then you must
inform the claimant in form of a breakdown where the error had been made
rather than simply claim that person or persons has been overpaid. 2. Can
you also confirm or deny that if an overpayment has occured due to
official error and not through error of the claimant, he or she is not
obliged in law to repay that overpayment.

 

I regret to advise that your request is not valid  under   section 8(1)(b)
of the Freedom of Information Act  2000 ( the "FOIA" ) , which  requires
the name of the applicant to be stated  when they are making a
request.  In the absence of a full name, the Council will follow guidance
from the Information Commissioner's Office , which  states that the use of
only one name or initials  renders  a  request invalid.
 

Please note that the requested information may be sought from
alternative sources.  Your query appears to relate to the legal provisions
that the Council follow, and the rights afforded to individuals. Please
redirect your request to a solicitors firm or the Citizens Advice Bureaux
who should be able to provide you with specific legal advice.   

 

If you are unhappy with the decision we have made or wish to complain
about any other issue regarding the Freedom of Information Act 2000 please
see the attached handout ‘Request for Information Complaints Procedures’.

 

For further information on the Freedom of Information 2000, the exemptions
and how requests are dealt, with you can log onto the Medway Council
website at www.medway.gov.uk/freedomofinformation.

 

Yours sincerely

 

Jon Poulson

Revenues & Benefits Manager

 

 

 

Jon Poulson IRRV (Hons)

Revenues and Benefits Contract Manager

Business Support Department

Medway Council

Gun Wharf

Chatham

Kent

ME4 4TR

Tel No 01634 333700

E-mail [email address]

 

 

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