Hi all,
This may be a straightforward enough issue, but I'm having trouble finding the answer.
Claimant's IS is suspended while a valuation is obtained of her former matriomonial home (husband is still residing there, so it has been disregarded for 26 weeks). The lady suffers from a terminal illness and is suffering financial hardship as a result of her benefit being stopped. We are considering making a request that the suspension is removed and benefit payments are reinstated, in light of the hardship and her medical condition. But I've been trying to find out if they do reinstate benefit payments and a few months later the valuation comes back at an amount which takes her out of benefit entitlement, will they be able to recover the overpaid benefit which was paid following their removal of the suspension. We'll be appealing the disallowance decision anyway, but I can't see how there would have been a failure to disclose or misrepresentation so I'm not clear on how they could recover the overpayment.
Any help?
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