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Overpayment - clutching at straws :(
Client been overpaid IS in excess of £12K for failing to disclose hadn’t been entitled to CHB for 2 years.
She’s his carer as he is on MRC. She’s one of those who hadn’t migrated onto CTC - if she had everything would have been hunky dory.
I can’t see a way out…can anyone ?
your post isn’t clear, well at least to me.
Presumably she is caring for her child?
Still on IS as had no break in claim to move her on to CTC.
Why is there no Child Benefit? Is the child claiming benefit in their own capacity?
Im not 100% clear what the details are, are they trying to recover the full amount of IS or just the child dep top-up? She is entitled to the personal allowance of IS due to being a carer so this must be offset.
To recover the OP the DWP need to prove that the client received clear and unambigious instructions that she must supply the information. It is not enough to provide material stating “a claimant should” provide certain information. Can the DWP prove she was given this information and provide exact copies of what she received? Are those instructions absolutely clear? Caselaw which may be helpful: R(IS)7/05, R(IS)9/06 and R(IB)4/07.
Thank you for your responses. I’ve asked for info as to whether her son (now 18) has made his own claims and if so if he disclosed anything relevant on the forms - I asked client if she’d had any reviews or claims which might show this but unfortunately not.
John, she was claiming for her son who is on MRC. Her child benefit stopped when he came out of FT ed but she didn’t inform the JCP and they continued to pay IS with the child allowance and premiums.
Jan, I’ll try for waiver if poss
AGodfrey yes I’d already looked at the fact that she was entitled to IS as a carer but they’ve got that right. It’s the relatively substantial additional payments of child allowance plus disabled child plus family premium.
To date the only argument is if she was clearly told about reporting - many thanks for the refs to the CDs
My view Jan? Same as yours and very well put too.