§ Mr. Frank FieldTo ask the Secretary of State for Social Security if adjudicating officers are implementing the R v. Secretary of State ex parte Golding judgment. [26510]
§ Mr. Roger Evans[holding answer 24 April 1996]: The Department has taken further advice regarding the implications of the judgment. Contrary to what we thought at the time of the judgment we now understand that, pending the Department's appeal against the decision, paragraph 11 of schedule 9A to the claims and payments regulations is not an appropriate vehicle for recovering overpayments of mortgage interest direct 234W directly from lenders where the overpayment occurred prior to the new adjudication decision. The Benefits Agency has instructed local offices accordingly.