Urgent advice needed for IS overpayment case relating to FTE

Client has been faced with overpayment amounting to nearly £9000 following revised decision on IS entitlement as it was identified that they no longer had entitlement to IS in 2008 as not in FTE.

Client’s parent adamant that they notified DWP by telephone in 2008 but no record on papers we have thus far from DWP and parent unable to find telephone records to support their claim.

In terms of ‘failure to disclose’ how can we best present case? Client has learning disabilities, reliant on parent for support with paperwork but they not appointee. Notification letters issued to client every year but appeal documents very limited. It is possible that parent may have notified JCP side of business rather than the BDC but appeal writer has not included any reference as to whether the JCP system LMS was checked.

Should we be considering asking for consideration of case under ‘Financial Redress for Maladministration’ as parent insistent they were not informed client had no entitlement to benefit.

Sorry if this is an absurdly simple query, it’s Monday and brain is so not working this morning…................................ :(

Thanks everyone

I have in the past used this quote from a Housing Benefit case:

‘I was told how the system worked and how it was impossible for a call to be made without a computer record being made. I take a slightly more realistic, some might say cynical, view. Operators do make mistakes. Records are lost rather than saved. Systems crash or are not available. I do not regard the local authority’s evidence as conclusive that no call was made’ (CH/609/2004, §24). 

The absence of record of a phone call does not prove much, while the testimony from the parents should count. The Tribunal should believe to the parents unless they have reasons not to.

I hope this is useful.

Having recently done a subject access request to JCP regarding telephone calls and an overpayment, I have this week received their letter and CD.

The letter states;
“It may not be possible to trace calls if the number used is Ex-directly, the number is witheld or the service line does not have calls recorded. Some outbound calls cannot be traced if the staff member does not have their calls recorded.”

So your client may have called but from a mobile, ex-directory number etc and so JCP cannot trace it.

Chaos