§ Ms. ShortTo ask the Secretary of State for Social Security in what circumstances overpayments of social security benefits are recovered at common law; how many such actions were brought in the last year for which records are available; which benefits were concerned; and how much was recovered.
§ Mrs. Gillian ShephardCertain overpayments are not subject to a determination by the adjudicating authorities under section 53 of the Social Security Act 1986, for example, where duplicate payments of benefit have been made. Where the circumstances indicate that the claimant should have been aware of duplicate payments and taken appropriate action, repayment is sought on the common law principle that money paid under a mistake of fact should not be retained.
No central records are kept on which an answer to the second part of the question could be based.