I am representing at a tribunal next week at which the issue is whether the OP is recoverable (dispute is over whether tax credit info was submitted or not - claimant believes she did, therefore official error). Anyway, given the claimant's circumstances and the relatively small sum involved, I would like to raise the issue of discretion to recover (if the recoverability issue is lost). I am confused by the legislation as to whether this can be raised at the tribunal (as it seems to be a matter that is outside their jurisdiction?) or whether I have to wait and then ask the LA to consider this afterwards if the tribunal decision is unfavourable? In any case, I feel that if I raise it in my submission, I may be suggesting that we don't think our case is v good! Any suggestions?

Tribunal has no jurisdiction over whether o/p is recovered or not, and therefore should not consider this. However, I have occasionally known tribunals to put a comment in their decision suggesting that the SofS/LA should consider writing off the o/p. I've never actually asked them to comment on it.