I am currently assisting someone with an appeal against an HB
overpayment. I think there is little chance of success but just wanted to check.

Claimant was claiming HB then started a p/t job (8 hrs pw); he was
not in receipt of JSA but had to sign-on at JC+ and informed them of
his change in income. The officer told him that he would pass this on to LA personally and that the claimant need take no action. Of course, LA never received notification hence o/p.

At review the LA acknowedge the error on part of DWP officer, but
argue this is not an offical error as the applicant materially
contributed to the mistake (in not informing LA). They rely on decisions CH/2554/2002 and CH/3439/2004.

Applicant was truly unfamilair with system (first ever claim of any
benefit), relied on DWP officer's word, and assumed that 8hrs would not dent his HB.

Any chance with this at appeal? and if so, what might be best line
to take?

many thanks

Not entirely sure of the facts. Is your client receiving JSA or not??

Anyway irrespective of any arguements on the HB op decision your client would seem to have a reasonable claim for compensation from the JC+ for maladministration.

see
http://www.dwp.gov.uk/publications/dwp/2003/frm/
for details.

He was not eligible for JSA as his partner was working, but I believe he had to sign-on for his NI contributions.

thanks for the link.