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Has anyone come across this situation before?
Our client received IS as a lone parent. Sometime in 2004 her boyfriend moved in with her. At the time he was mentally ill and neither working nor claiming any social security benefits. Our client did not inform DWP/HB that she was now 'living together' because she thought that as he had no income this would not affect her benefit.
When DWP discovered they were living together as a couple, client was interviewed and apparently told they would take no action. Throughout this period there would have been, had they claimed, entitlement to either IS or JSA as a couple. IS has been paid for the couple since then.
Client has now received a decision that IS was overpaid since 2004 because she was no longer a lone parent and not entitled to IS, and they are seeking recovery. Client did not appeal the decision, which is, of course, strictly accurate.
Our request to exercise discretion not to recover has been turned down, despite the fact that our client has been saving the Exchequer money. We are escalating the request upwards, but meanwhile is there any mileage in requesting a late appeal on the overpayment decison?
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