Hi

If someone applies for a CCG included in which is a cooker and then borrows the money to purchase a cooker as they couldn't live in the property without a cooker (have a small child with heart problems).

We appealled the decision on not allow other certain items, but when the case went to the IRS - they picked up on the fact that she already 'owns' a cooker.

The IRS have now stated the money for the cooker was paid on incorrect information and they are now reclaiming this money from her Income Support.

She still has to repay this loan for the cooker.

Is there anything you can recommend doing?

thanks

Can you clarify that when she borrowed the money to purchase a cooker - was this a separate budgeting loan application? If so, is this the money that she is paying back, or are they in effect saying there has been a recoverable overpayment of a CCG?

Hi

No she managed to get a bank loan?!

IRS are saying that the money she was given in the orginal CCG for the cooker will now be classed as a recoverable overpayment.

Bad one.

Although a CCG can be recoverable if there is failure to disclose/misrepresentation, I am surprised they would pursue that in this case.

I would suggest making a complaint to the IRS asking them to take into account the circumstances of the failure to disclose (was she asked about loans?), and the reasonableness of pursuing recovery when she is having to pay the loan back anyway. The complaint would in effect lead to a review of the decision by a separate inspector, who may see sense.

Otherwise, I would expect that judicial review may not help her, as the decision may be harsh, but legal.

The guidance about overpayments is not very helpful to her, sadly:-

http://www.dwp.gov.uk/advisers/socialfundguide/sfguide/part7.pdf

I will try making a complaint.

Thanks for your help with this one much appreciated.