I have a client with an overpayment of carers allowance and i am trying to argue that this is non recoverable.

briefly the situation is the man claimed carers allowance for his wife who has since passed away. his carers allowance was transitionally protected so he was allowed to remain on this.

client turned 65 but did not receive his state pension and this was not sorted out until a few years after he had turned 65. when the clients state pension began, however, his carers allowance remained in payment and this is where the overpayment has occured.

the reason that the overpayment came to light with the dwp appears to be due to a winter fuel payment schedule which shows client is entitled to state pension.

although there is a copy of this schedule in the papers there is no explanation as to who requested it, who sent it etc.

i have contacted the section who deal with winter fuel payments and they say they do not send these schedules.

I have since written to the carers allowance unit for an explanation and am awaiting a reply on this but i am just wondering if anyone has any info on these schedules or has maybe had a similar case?

the reason it is important is i am hoping to show these schedules are done yearly as a matter of course as i could then argue the dwp were informed of the situation some time before it came to light and argue it is not recoverable for that time period.

i hope this makes some sort of sense and thanks to anyone who replies.