If the IS rules offer no defence to recoverability you may have to fall back on asking JCP to use their discretion not to recover. There are clear grounds for this since, had the client claimed CTC at the time, she would have received exactly the same amounts and the capital would have had no effect. So no net overpayment from public purse.
They will still be unwilling, but you can now cite: Regina v Rajeshree Parmer <2006> EWCA Crim 979 (see Rightsnet news story 11.1.08 - can't do the link) in support - a criminal case, but should be persuasive.
Richard Atkinson
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