Client been reciving SDA since 1991. In 2002 was asked for book to be returned and amount was then reduced by removing adult dependancy amount. No reason given to client for removal. In letter dated 4th May 2004 client asked to repay some £7500 for overpayment of adult dependancy SDA on basis that wife earned over the limit for periods during 1996 to 2002. Further correspondence sugegsts clients entitlement to the transitional arrangements therefore ceased from 1999 (clients child benefit stopped in 1996 at which stage clients wife was aged 56).

Firstly, client does not deny that she did additional hours during this period (she has worked during the whole period husband on SDA and noted this in original claim, which the DWP state is either lost or destroyed). Claims unaware that they needed to report such changes as thought husbands entitlement to SDA not dependant on her work.

I am trying to get my head round this one for any possible appeal grounds (client has submitted appeal)? e.g. is there an issue over the date adult dependancy stopped and the date of formal notification? is there an issue over being unable to produce the original application? etc.

I am also trying to find full details of the transitional arrangements to see if they do allow the applicant to maintain the adult dependancy amount even when child benefit is not payable.

Also the client in his appeal asked that consideration be given first to not seeking a recovery on hardship grounds. The client received no reply to this request and the DWP simply treated the letter as an appeal. Is non recovery on hardship grounds something a tribunal can consider?

I would get this on a Friday! Any help most appreciated?