Client accepts the fact there is a large overpayment of I/S due to adverse LTAMW decision. client is now the non claiming partner, but receives Carers allowance in her own right for her son.

Recovery were going to collect O/P from partners benefit, and he had signed (somewhat tongue in cheek) to say that they could take £2.50 per week.

They have now written to say that they are going to collect O/P from her C/A at the rate of £16.21: can they collect from this source and at this rate?

To confuse matters, and they should have known better, the C/A ceases in may anyway. From when could they they collect, if she isn't the claimant? can they collect via his Benefit....

If it was an overpayment of IS and IS is still in payment, then recovery should surely be made from IS. Maximum of deduction from IS is £9.00 p/w or £12.00 if the claimant has admitted an offence/been found guilty of fraud. Not sure if there is any bar to recovery from C/A, but even if there isn't, seems outrageous to subvert the policy intent of maximum IS deductions in this way.....

If memory serves they can deduct a third from benefits like CA, ICB etc but I cannot remember the exact reg. CA, currently £48.65 x 33.33%= £16.215.

I've seen 'em do this before and have tried complaining to a local MP, unfortunately teh wrong one...

I also couldn't find a bar to recovery from benefits other than IS, even when IS was in payt however i stand to be corrected...