Seem to come to a brick wall with this one, i wonder if anyone out there with more knowledge of being abroad than me, can magic up some caselaw up for me, or any advice.
My client is full British Citizen (orginally from Iran). He has quiet severe mental health issues. He went to Iran to look after his 90 year old mother who had just had an oporation (we have a letter from the doctor in Iran to say his mother needed aftercare). The client's mental health also deteriorated when in Iran. He was in Iran four four months.
He did not tell the benefits agency that he was going to Iran as he did not know he had to. So they kept paying him when he was out of the country. He has now got a Income Support overpayment.
He has taken this to appeal, and we are awaiting a Tribunal date. The ground he gave for appeal was that "he feels that he has been unfairly treated, that he had no way of knowing that he needed to inform BA, and that they are questioning his honesty". The Tribunal service have accepted this as reason to hold a Tribunal (i was a bit surprised, but full credit to them).
Now he has come to me, and I am having problems, finding any law to challenge this.
He did also have a HB abd CTB overpayment, but they did a disctretionary write off when we asked them. We also asked Income Support, but they have flately refused.
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