Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, whether her Department enforces the (a) repayment of social security overpayments and (b) prosecutions when the error was made by her Department.

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.

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.

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.

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