Recoverable Hardship Payments
The DWP has now accepted that it has discretion to waive recovery of recoverable hardship payment debts following a successful judicial review claim.
Prior to this, the DWP would only waive recoverable hardship payments (RHP) where the claimant exceeded a specific earnings threshold.
Now the DWP has accepted that it has discretion to waive RHPs in all cases and has amended its overpayment recovery guide to confirm this (in updated paragraphs 5.83 and 8.1 of the guide).
However, this does not mean that all recoverable hardship debt can or will be waived. It is entirely discretionary; however the following points should be taken into mind.
- explain why the DWP should waive the debt - referring to relevant circumstances such as if recovery would be detrimental to the health or welfare of the debtor and enclosing evidence of the risk to the claimant’s health or financial hardship if relevant;
- if the sanctions that gave rise to the hardship payment have since been set aside on appeal, make reference to this and explain why this strengthens the case for waiver;
- state that the DWP has discretion to waive RHPs, with reference to section 71ZH(1)(a) of the Social Security Administration Act 1992 and paragraphs 5.83 and 8.1 of the DWP Benefit Overpayment recovery guide; and
- request that steps are taken pending a decision to suspend recovery, and that if a waiver is not agreed that the decision may be susceptible to judicial review where there is clear evidence of hardship.
If you require further information on the above, or if you need any other advice regarding benefits, housing or debt issues, you can contact CHAP through our live chat service, which is available from 9am to 5pm Mondays and Wednesdays and 9am to 3pm on Fridays at www.chap.org.uk or you can contact us via phone on 030 0002 0002.




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