Client joined his wife and kids in UK, who already had refugee status, in September 2004. Unfortunately he entered illegally due to the route he had to use to get to UK, rather than apply for family reunion.

Wife was on IS as a single parent.

He went to an immigration lawyer, who applied to regularise his stay outside of the rules. Unfortunately the client was not referred in house to their welfare rights team for benefit advice.

Immigration lawyer then left in February 2005, Firm wrote to client saying they were closing their department and he would have to find another immigration lawyer himself ( great, eh? ). He went to his MP and to date his stay is still not sorted out.

Bottom line is wife never declared his presence to IS - they found out in June 2007 and cancelled her income support and raised an overpayment back to September 2004.

I cannot think of a legal defence to this - obviously could ask for a write off etc.

Any ideas?

I seem to recall something about possibility of an IS overpayment being offset by JSA if this would have been paid instead, but cannot find the Reg.

Thanks all.

The regulation is reg 13 of the Social Security (Payments on Account, etc.) Regulations 1988 but the authorities cited do not allow for the offsetting of JSA against IS or vice versa. Asking the SoS to use his discretion not to recover on the ground of no true loss to the public purse would seem to be the only avenue open.