Non Recoverable Overpayment Letters not being issued
Dear Department for Communities (Northern Ireland),
Carlisle House - I would like an explanation as to why overpayment letters for Non Recoverable Overpayments are not being issued. This decision was discussed and agreed at the highest Grade (DP) within the building and passed out to staff
Yours faithfully,
Ted Hasting
COVID-19 Virus – Information for Requesters.
Thank you for contacting the Department for Communities FOI team,
While FOI law still applies during this time the Department is facing
unprecedented pressures – for example as a result of staff absences,
office closures, or a significant increase in demand for our services,
such as access to benefits.
Therefore we may find it challenging to respond to information requests
within the 20 working day timescale set out in law.
We would ask requesters to think about the impact of Covid-19 when making
a request. Your information rights remain vitally important, and the FOI
principles of openness, transparency and accountability will play an
essential role in supporting public trust at this difficult time.
However, if you're planning a request, it's worth thinking about whether
there is any way the request might be narrowed to reduce its impact and
speed up your response.
Following guidance from the Information Commissioners Office (ICO), we
will keep requesters informed of any delays and will respond as soon as
resources allow.
We will also be keeping up to date on guidance from the ICO as the
situation changes to ensure that we comply with any changes or amendments
to information rights practice.
Helen Lindsay | Information Management Branch | Department for Communities
Level 5 | Nine Lanyon Place | BELFAST | BT1 3LP
Contact: * [1][email address] | ( Tel: (028) 9082
9117 | ( DD: 38117
Supporting people, Building communities, Shaping places.
References
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1. mailto:[email address]
Hi Helen,
Could I amend my previous request?
The grade should have been Grade 7 (C. Hughes) and not the DP grade I mentioned.
Sorry for the inconvenience.
Yours faithfully,
T. Hasting
Mr Hastings
A notification is issued to a claimant when the Department has decided
that an overpayment of benefit has occurred and where it has been
determined that it is recoverable. This letter provides the detail about
the amount of the overpayment and important information on how to dispute
the decision should they disagree with it.
Overpayments that are deemed to be non recoverable occur due to a mistake
by the Department (known as official error) and not the claimant and no
notification is issued to the claimant. This practice is in place across
all benefits and Carlisle House operates in line with this approach.
Overpayments relating to official errors are only recoverable in certain
benefits i.e. Universal Credit, New Style Employment Support Allowance &
Jobseekers Allowance and in these cases a notification is issued to the
claimant.
Regards
Caitriona Hughes| Manager Pension Centre | Department for Communities
Level 1 | Carlisle House | Carlisle Road |Londonderry | BT48 6JN
Supporting people, Building communities, Shaping places
[1]dfc-logo-x2
From: DfC FOI <[2][DfC request email]>
Sent: 30 March 2021 09:34
To: DfC IAO Support <[3][email address]>
Cc: Anderson, Roy <[4][email address]>
Subject: AMENDED FOI Request - Non Recoverable Overpayment Letters Not
Being Issued - Initial Liaison With IAO Support
Folks
Mr Hasting has amended his request.
Please see additional comment below.
Helen Lindsay | Information Management Branch | Department for Communities
Level 5 | Nine Lanyon Place | BELFAST | BT1 3LP
Contact: * [5][DfC request email] | ( Tel: (028) 9082 9117 | (
DD: 38117
Supporting people, Building communities, Shaping places.
------------------------------------------------------------------------------------------------------------------------------
Dear Hughes Caitriona NISSA CARLISLE HOUSE,
Thank you for your swift response.
Can you state a few other benefits which operate the same approach as State Pension Credit?
When speaking with an EO1 from change of circumstances he stated ALL changes to benefit entitlement was notified to the person/customer/client.
Does this approach remain the same if arrears are offset against a non recoverable overpayment or the arrears due cause a recoverable overpayment to fall with the scope of a smop? Ie Arrears of £450 offset against a recoverable overpayment of £500 leaving a £50 overpayment which then becomes non recoverable due to the SMOP guidance.
Please explain how anyone could appeal against the benefit decision if they do not know these decisions have taking place?
Could arrears be due if a successful appeal against the benefit decision happened?
Could all guidance used in the process of overpayments be supplied including recoveribility guidance following an overpayment being notified to decision makers.
Thank you
Yours sincerely,
Ted Hasting
Mr Hastings
Please find attached FOI acknowledgement.
Regards
Mairead
Customer Services Team I The Pension Centre I Department for Communities I
Carlisle House I Carlisle Road | Derry BT48 6YB
Supporting people, Building communities, Shaping places
Dear Sir
Please find attached correspondence in response to your request below.
Yours faithfully,
Helen Lindsay | Information Management Branch | Department for Communities
Level 5 | Nine Lanyon Place | BELFAST | BT1 3LP
Contact: * [1][DfC request email] | ( Tel: (028) 9082 9117 | ( DD:
38117
Supporting people, Building communities, Shaping places.
-----------------------------------------------------------
Dear Helen,
I have spoke with the ICO this morning and they are shocked you have decided to engage Section 8 (1)(b) for a FOI request were no personal data is involved. I have been invited to make a complaint but I thought I would give you the opportunity to answer the request as it stands.
My main point was that you have previously answered requests with no hassle but this time you are refusing to answer, is this a case of not wanting to release the information to the world at large in a Lawful, fair and transparent way?
The request was in writing, you have a point of contact (Full name and email address) and the request is clear. The request is not a SAR were I am asking for personal details, it was also not vexatious or repeated. The ICO guidance states the use of an obvious pseudonym like Micky Mouse can not be used, I will not be penalised because my name is in a Television show and do you truly believe that your response will stand up to an ICO investigation?
In your letter you did not offer me the right to appeal the decision you have made which is why I sought advice from the ICO. Please also be aware I informed them of the 5pm reply on the 20th working day and will be making a request for how many FOI request you dealt with and Carlisle House dealt with for it to have taking to this time to reply.
I still consider this request open and as of today in breach of the FOI Legislation Act.
Yours sincerely,
Ted Hasting
COVID-19 Virus – Information for Requesters.
Thank you for contacting the Department for Communities FOI team,
While FOI law still applies during this time the Department is facing
unprecedented pressures – for example as a result of staff absences,
office closures, or a significant increase in demand for our services,
such as access to benefits.
Therefore we may find it challenging to respond to information requests
within the 20 working day timescale set out in law.
We would ask requesters to think about the impact of Covid-19 when making
a request. Your information rights remain vitally important, and the FOI
principles of openness, transparency and accountability will play an
essential role in supporting public trust at this difficult time.
However, if you're planning a request, it's worth thinking about whether
there is any way the request might be narrowed to reduce its impact and
speed up your response.
Following guidance from the Information Commissioners Office (ICO), we
will keep requesters informed of any delays and will respond as soon as
resources allow.
We will also be keeping up to date on guidance from the ICO as the
situation changes to ensure that we comply with any changes or amendments
to information rights practice.
Helen Lindsay | Information Management Branch | Department for Communities
Level 5 | Nine Lanyon Place | BELFAST | BT1 3LP
Contact: * [1][email address] | ( Tel: (028) 9082
9117 | ( DD: 38117
Supporting people, Building communities, Shaping places.
References
Visible links
1. mailto:[email address]
Dear Sir
Please find attached response to your correspondence.
Yours Sincerely
Roy Anderson
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