Overpayment appeal recently heard re alleged amount of £2500. Tribunal gave written decision as follows:

"For 6 weeks from 10.01.04 the appellant is entitled to an earnings disregard on her income support and there is a recoverable overpayment in excess of that figure.

The appellant is not entitled to IS from 6 wks after the 10.01.04.

There is a recoverable overpayment of IS for the period from 6 wks after the 10.04.2004 up to and including the payment made on or immed before the 02.02.2005. The payments made after the 02.02.05 are not recoverable because she disclosed working at (PACE) interview on (that date)".

It took me some time to get my head just round the actual decision. There were no amounts given and it just seems strange or is it that I've not had a similar one before? It's as though the chair has simply left it to the DWP to recalc. It has reduced the overpayment a lot but what do we do if their calcs come back and client still thinks it's wrong?

Sue

Have a look at R(SB)11/86 as a starting point.

Regards
Paul

R(SB) 11/86 is available from the 'commissioners decisions on rightsnet' area of swopshop.

Just what I needed. Cheers