Client has overpayment as a result of working while claiming IB. Case has been decided previously and amount is recoverable. The question of payability has not yet been decided. I have been told that there has been a change in the off setting rules but can't pin down exactly what the change is. Is it likely that the the tribunal will consider off setting entitlement to JSA against the IB overpayment.
Cheers

Abatement of an OP on account of a notional entitlement to another benefit can now only be considered on cases where the abatement was requested prior to July 2004.Where requests are made after that date the case has to be referred to Policy and Briefing under the waiver criteria.It is not a matter for the tribunal to decide as it is a discretionary matter that does not carry the right f appeal.

I can't do links- but you can get full details of the procedure from the Overpayment Recovery Guide.

The DWP's Overpayment Recovery Guide can be accessed vis the toolkit area of rightsnet.

Thank you both.