My client is the mother (on Carer's Allowance CA) of a severely disabled child on DLA HRC/HRM. Child was accepted into a boarding school for weekdays (in Jan 2001) but either goes home weekends or mother cares for her at school. Mother told (then called) DCB about this at the time.

DLA Care was removed after 28 days, HR mobility continued but client/mother did not know that child could claim DLA for the weekends child was at home or was being cared for by mother, and NO-ONE advised her. BUT cl continued to receive CA. This went on for one year, and THEN (to make matters worse) as a result of a completely erroneous medical report from school GP to DCS, DLA was withdrawn altogether, except LRM. However, client did not understand link between CA and DLA (and had anyway informed DCB so thought all depts knew) and continued to receive CA throughout the whole time.

Result = massive overpayment of CA, which they want repaid altho' child was entitled to DLA HRM HRC throughout which would have entitled mother to CA throughout the whole period.

NB: DLA was eventually restored, but only 3 months backdate, which resulted in big loss of income etc. but this was before cl came to see me and I took this case on.

We are assisting cl to appeal against CA OP.

PLEASE Can anybody advise relevant caselaw.

Thanks, and compliments of the season - whichever.

I did a similar case a copy of years back. it ended up at tribunal where I argued the case for DLA to be repaid for the period it had stopped and on the back of this the CA allegded overpayment was wiped out.

I have archieved the file now but can put a recall on it if you feel that the tribunal decision will be of use.

season greetings in return