Current client debt : Contents
Debt the result of an error
It can be considered that an error has been made when a debt has been caused wholly or partly because MSD:
- gave the client the wrong information and/or
- didn't do something that should have been done or did something wrong
Other criteria
When it has been determined that the debt has been caused wholly or partly by an error, you will need to consider all the other debt write-off criteria before deciding whether or not the debt is recoverable.
You will need to consider the following:
- Was there a deliberate mistake made by the client?
- Did the client have good reason to believe they were entitled to receive the overpaid amounts at the time those payments were made?
- Have they spent the money?
- Would it be fair, now, to require the client to repay the debt?
- Is the client in a better financial position now than they were when the overpayment occurred?
- Could they afford to repay the debt in small regular payments?
For more information see:
Legislation
- Debts caused wholly or partly by errors to which debtors did not intentionally contribute regulation 208 Social Security Regulations 2018
