Question
To ask the Secretary of State for Work and Pensions pursuant to the contribution of the Minister of State for Work and Pensions of 13 June 2011, Official Report, Welfare Reform Bill Committee, column 503, what mechanisms are in place to recover overpayment of benefits to EU migrant workers from other EU member states once they have left the UK; and whether any reciprocal arrangements are in place with other EU member states.
Answer
Once an EU migrant leaves the United Kingdom and moves to another country within the EU, recovery can be made by that country under EU legislation. This legislation provides for recovery of overpayments either from arrears of benefit, by deduction from ongoing payments of benefit or by instalments if benefit is not in payment. The legislation also allows for enforcement action to be taken through the courts of the country in which the person is now residing where that action is appropriate.The legislation provides for one member state to take this action on behalf of another member state.