nevip
welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since 22nd Jan 2004
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RE: IS overpayment working and claiming disabled worker?
Fri 31-Jul-09 12:33 PM |
I dont think that the tribunal has any jurisdiction to consider any of that as the entitlement decision has not been appealed and the entitlement decision is, therefore, not before it. The tribunals remit is to determine a) has there been an overpayment?: b) if so, is that overpayment recoverable?: and c) if yes, is there any room for offset under regulation 13 of The Payment of Account, etc Regulations?
The claimant needs to appeal the entitlement decision using R(IS) 10/05 which states that where a person is no longer entitled to Income Support because he starts work and is thus no longer incapable of work then the decision maker should go on to consider whether he falls to be classed as a disabled worker. Then request that the overpayment appeal be stayed until the two appeals can be heard together with the entitlement decision being heard first.
As for evidence, it is always a good idea to get supportive medical evidence from doctors, other qualified professionals or outreach/support workers.
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