Cl came to me just before tribunal date. No points at PCA. Tried to get late support from GP who stated he was amazed she was still on sick as he had not seen her for so long and she had had no flare ups of liver complaint for 3 years. That was a no then! Cl even said herself she was well but 'who is going to employ me at my age anyway'. Withdrew appeal a few days before hearing and ad cl to claim JSA or could do 16 hours work with WTC <50+ applied>. Cl then returned with sick note from GP for 2 months saying she had gone to him with different problem and he agreed to sign sick note while he did tests. Now cl cannot get any money until decison maker decides if it is a new illness and now she has been informed by BDC that she has to repay the reduced IS she received from Aug to end of Nov when appeal was withdrawn. They said she should have gone ahead with appeal to be entitled to keep the IS paid in interim period. Is this right?

I've never heard of this before. Are there practices which have been going on for years that I've been blissfully unaware of or is there some new surreal landscape unfolding before the brave new world of BDC's, call centres and debt recovery centres, where the staff just make things up as they go along.

On what ground are they seeking recovery? There does not seem to be any failure to disclose or misrepresentation which would ground recovery under section 71. A person remains entitled to IS as long as he is pursuing the appeal and a person has a right to withdraw the appeal at any time. To demand repayment of benefit would amount to an interference with that right.

Thank you for your comments. I was sure I had not missed anything as drastic as that but cl's frantic phone call to me on the way home from work last night at 8pm threw me. Serves me right for not turning work mobile off! And even more so for answering!! I am not back in till Monday but at least I can sleep easier and will enjoy my tel call to BDC then.
Carole.

Please could you let us know what happens after Mondays phone call? Thanks.

What happened Carole?

The regulations say "a person who has made and is pursuing an appeal ... but only from the date of the determination until the determination of his appeal." If the appeal is not determined because of withdrawal then I can see that it is arguable there has been an overpayment throughout, though I can see no caselaw on the point. But whether they are just asking for it back on general principles or think they can get it under one bit or another of S 71 I cannot guess.

i've never heard of this happening, and don't believe there is any overpayment question at all. claimant met the condition of entitlement for reduced rate IS from date appeal lodged until she withdrew appeal. engagement with the appeal process doesn't preclude the possibility that a person may change their intention in light of further advice. imo this is utter rot and speaks volumes about the state we're in.

Sorry for the delay in replying trying to clear cases before Xmas break is a nightmare that I'm sure you all suffer too.
When I rang IB no one I spoke to admitted stating to cl that she may have to repay IS, although one did say she presumed that was the case! but then followed with 'I am not very familiar with IS'. So I think I found her...
I have had to request that cl contact me if she receives anything in writing. Personally I thing it was someone speaking out of turn, but it did concern me. Also, and I hate to confess this, the client is not happy with me for not agreeing to represent her and blames me for withdrawing appeal. Although she withdrew herself, it was,she says now, because I could/would not go. So cl is, I think, also trying to make me feel guilty.
Trouble is - she has succeeded.

I have today been amazed to discover cl has just received decision dated 11.02.08 stating no entitlement to IS from beg Aug 07. No reasons given yet but when I rang to enquire was informed a note on the system shows the case has already been passed to overpayment recovery for calculation. So client was right after all and Mr/Mrs Jobsworth has resurfaced.
Needless to say I am grateful for your past comments and have already sent letter to appeal. Watch this space.
Cl meanwhile is still awaiting a decision on new IB claim - informed by BA awaiting date for medical examination.