I have a client that has a dependant daughter who left school at 16, Child Benefit ceased in the September. She was getting Income Support for the daughter, old rules and client not getting CTC, and the client did not notify them Child Benefit had ceased. She now has a two year overpayment for the dependant premium.

The client will fall foul of Hinchy regarding notification but my question is whether there is any way to challenge the overpayment based on the fact Income Support should have periodically checked with the client if she was getting Child Benefit? The client can not remember getting any letters from Income Support to check about whether she was getting Child Benefit for her daughter after they turned 16.

Hi Andy,

Had one in the BAP yesterday almost exact synario. Advised Client overpayment recoverable but could ask to reduce repaymets with FS and ague hardship. Could try asking DWP to use its descretion but long shot.

phil