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Top Income Support & Jobseeker's Allowance topic #427

Subject: "Overpayment recovery" First topic | Last topic
suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

Overpayment recovery
Thu 01-Jul-04 12:10 PM

O/p decision (IS,HB/CTB) in March 2003 due to £7000 undeclared capital at time of IS claim and also an issue with financial interest in former matrimonial home but they've now accepted she had good cause for not realising her interest.

We've got IS reinstated from Nov 03 but I'm trying to have the claim backdated as I consider it shouldn't have been stopped in first place. I've asked for all correspondence sent to client at time IS was stopped. Decision letter was computer generated so they've sent a sample which does not contain the reasons for decision. They've provided statement client made in which she admits undeclared capital but also in the statement she says she paid a debt of £5K. Looks like her IS was stopped on these grounds only.

I want to argue:
a) not over limit in any case (unless they were using the matrimonial home issue as well but they've not sent confirmation of this)

b) The £5000 repaid debt would have reduced this to £2K anyway. They don't seem to have queried deprivation

Without all relevant docs from DWP for the reasons for stopping IS I can't see how TAS can dismiss our appeal BUT and it's a big BUT, it's the out of time issue which is a problem. Anyone any ideas for getting round this ?
Many thanks

  

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Top Income Support & Jobseeker's Allowance topic #427First topic | Last topic