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Income Support overpayment advice required
Good morning. I have a client who has been overpaid IS while her son was in residential college and she was not entitled to Carers Allowance. She seems quite confused about the benefits system and although her Income Support did eventually stop she was just living on her son’s DLA for whom she is appointee (worryingly). She could have claimed JSA during the periods he was at college. Is there any merit in asking for the overpayment to be offset against the JSA she could have claimed? any Commissioners Decisions that may help?
Thanks
Was he coming home during school holidays?
If so it may be worth checking to see if there were less than 8 weeks gaps in between periods of potential CA entitlement/caring responsibilities as IS can continue for upto 8 weeks after CA/ caring responsibilities stops. IS regs Schedule 1B para 5. With half terms and other school holidays togethor there would rarely be more than an 8 week gap.
Was he coming home during school holidays?
If so it may be worth checking to see if there were less than 8 weeks gaps in between periods of potential CA entitlement/caring responsibilities as IS can continue for upto 8 weeks after CA/ caring responsibilities stops. IS regs Schedule 1B para 5. With half terms and other school holidays togethor there would rarely be more than an 8 week gap.
Bingo-had forgotten about that-thankyou very much !
And, for the sake of completeness, overpayments of IS cannot be offset against underpayments of JSA and vice versa. IS can only be offset against IS and JSA against JSA.