Hi

I have a client, a single parent in receipt of pension credit age 63 that has an overpayment of Benefit which is being recovered from his ongoing benefit. His youngest daughter who was at college doing a full time course turned 18 in January, the LA sent an intervention form in December which my client claims he returned (the LA say they did not receive it). A reminder was sent by the LA, who in the past has had a back log and are renowned for chasing for things they have already got.
In January his daughter moved out to live with her boyfriend following an argument. My client claims to have notified the LA, again the LA claim they did not receive. The LA then contacted my client by phone to ask about the daughter and when advised she had moved out sent a change of circs form which was returned. The LA has applied the highest non dep deduction for the period from her 18th birthday to the date they received the change of circs form amounting to over £500.
Any ideas where I go from here, as it seems unfair to assume the highest deduction?
The LA had been provided with a student certificate in September, I understand she did not attend her original college course but found a place in a college nearer to her boyfriends accommodation.

Assuming the highest deduction will involve a determination of fact that the non dependant was in remunerative full time work.

If the LA made that determination without any evidence to support it, the decision can be revised at any time on ground of official error.

Commissioner Henty confirmed this and allowed an appeal in similar circumstances in CH/2324/2003

Sorry, but I am a fairly new to all this... I am unable to find CH/2324/2003 can you point me in the right direction

Thanks

I cant remember where I got it from (possibly by emailing the Commisioners Office), and its not on the Commissioners website, although to save you the bother of tracking it down, I have emailed it to Rightsnet for publication here

Its on the HB commissioner's site in the toolkit area of this site.

Here is a link to CH/2324/2003.

Its one of more than 500 decisions to be found in the Commissioners decisions on rightsnet area of swopshop.

All he needs to do is provide evidence of her actual income fo rthe period in question and the overpayment can be reduced by underlying entitlement.