§ Mr. MullinTo ask the Secretary of State for Social Security under what statutory powers his Department acts in seeking to recover from fuel boards overpayments of income support made under schedule 9, paragraph 6, of the Social Security (Claims and Payments) Regulations 1987, in cases where responsibility for the overpayment lies with his Department as a result of an office error.
§ Mr. Peter LloydThese over-payments are not income support. They occur as a result of a mistake of fact when, for example, a claimant has ceased to be entitled to benefit although payment has continued to be made to the fuel board. In these cases, the Department's right of recovery rests in common law.