Is anyone aware of what legislation the Department of Work and Pensions rely on in order to make deductions from the benefit of a debtor to repay Social Security debt when the person has a protected trust deed in place?
Hi Lou, and welcome
Can I ask what kind of benefit has to be repaid?
Shona is not currently posting in the Trust-Deed.co.uk forum.
Hi Lou
On my way out, but normally social security administration act.
You may be looking at this from the wrong angle though. An overpayment does not fall like normal debts ie subject to consumer credit act etc and it is basically payment you were never entitled to receive.
I'll dig about a we'd bit later.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
It's about a Social Fund loan.
I've found section 78 of the Social Security Administration Act and various case law on the subject. The case law does state that deductions can be made up until discharge but all the case law relates to bankruptcies, rather than Trust Deeds so I just wanted to make sure.
The only thing I can find where they cannot recover is Debt Relief Orders (still going through courts and applies only in England so won't affect us).