Forgive me if I have posted this question before and also for leaving it late to do so now. I have an O/P appeal tomorrow in a case where the claimant's daughter's capital exceeded £3000 and so the increase for a dependant plus disabled child premium continued to be paid when they should not have been.

An argument I have submitted is that the claimant could (if she had known she could) have transferred on to CTC in April 2004, in which case her daughter's capital would not have been an issue. The DWP failed to act in her interest by not migrating her (as was, and is still, intended) nor telling her that she could have asked for the migration to take place. In effect, she has been discriminated against when compared to other parents in exactly the same position who claimed IS after 2004.

Any thoughts/ advice welcomed.

Thanks

Don't think it will cut any ice in the appeal since there are no provisions for offsetting notional TC entitlement against IS as far as I know. But, if you lose on appeal, it would be worth asking DWP to use discretion not to recover in the circumstances, and pursuing this avenue as far as possible, possibly to JR.

Richard Atkinson