client is his mother's appointee, client's mother was self funding in a care home, 2 - 3 years ago her funds dwindled, and her condition deteriorated, she could no longer afford her care home and was moved to anotherby social services near to her son. She had been receiving AA at highest rate, whit move she is now only partially self funding, social services picking up the shortfall. Client was only aware that AA was not means tested and was for help with mother's care, her condition had deteriorated, so he did not see that there had been a change in circumstances relevant to DLA. Two and one half years later social services told him that mother should not be getting DLA, he rang them immediately and now has an overpayment of over £3500 - is it an argument that it was reasonable for him to rely on Social services, as experts in this sort thing, to inform him there was a problem, which they did eventually. He has no experience of benefits. Or does the recent decision on recoverability of overpayments by a tribunal of commissioners rule this out - I have started to read this but it is a little rich for me - I need an interpreter. So would a reasonable man expected social services to alert him - so the overpayment is not recoverable???
|