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<p>For all benefits other than Universal Credit, New Style Jobseeker’s Allowance (JSA)
and New Style Employment Support Allowance (ESA), overpayments resulting from Departmental
error are not recoverable.</p><p> </p><p>Section 105 of The Welfare Reform Act 2012
amended the Social Security Act 1992, so that for Universal Credit, New Style JSA
and New Style ESA, any payment in excess of the entitlement is recoverable, regardless
of how the overpayment of entitlement occurred. This policy was brought in to reflect
the need for a better value for money welfare system and to reinforce the overarching
aim that Universal Credit mirrors work.</p><p> </p><p>As a Department, we understand
the impact that debt can have on the wellbeing of claimants and we endeavour to ensure
that the recovery of any overpayment is managed in a way that takes account of the
claimant’s individual circumstances.</p><p> </p><p>I can confirm that the Department
would not prosecute a claimant if an overpayment occurred purely as a result of a
Departmental error, and would only consider prosecuting a claimant where there is
strong evidence to suggest they may have committed benefit fraud</p>
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