I suspect I may be clutching at straws here, but nothing ventured etc. Man, suffers from bipolar, was on IS as incapable of work for many years, failed PCA, appealed, did not return TAS1, appeal struck out, reduced rate IS stopped. Have requested appeal be reinstated, awaiting decision, advised client to claim JSA in the meantime. In Oct 2004 partner moved in, they have since had 2 children. He has never told DWP, always continued with IS as single claimant. Because of his bipolar he feared the children would be removed. Partner claimed CB but not CTC or IS herself. For a 10 month period she worked earning £90/wk approx.

Since Oct 2004 they would almost certainly have received more IS overall as a couple than he has as a sigle claimant, despite her short time in work. However there would have been an overpayment for the period she was working. Can this be offset against the benefit he underclaimed at other times? I suspect not if changes of circs cannot be reported retrospectively but I would appreciate any guidance.

CTC can of course be backdated 3 months max.

Regulation 13 of the Social Security (Payments on Account, Overpayments and Recovery) Regulations says:

"...in calculating the amount recoverable under where there has been an overpayment of benefit, the adjudicating authority SHALL deduct -
...
(b) any additional amount of income support...which was not payable under the original or any other determination, but which should ahve been determined to be payable -

(i) on the basis of the claim as presented to the adjudicating authority; or
(ii) on the basis of the claim, as it would ahve appeared had the misrepresentation or non-disclosure been remedied before the determination."

As long as your client was getting his IS as incapable of work, and continued to be the claimant, I think he is covered by this for the overpayment period and afterwards. I'm not sure about any period when he had a partner but she wasn't earning. They will want to investigate that period anyway. The claim has to be one for IS throughout (ie not JSA), so it would not have worked if he had been getting it on the basis say of lone parenthood and ceased to qualify for IS when he acquired a partner.