I'm currently helping a client get their Income Support back into payment. Her benefit was stopped because she failed to attend a medical in March 2008. However she's being treated as capable of work from August 2007 as the DWP say that that was the last time that she submitted a medical certificate. They are therefore trying to recover an overpayment.

Can anyone point me the direction of the regulations that allow them to do this?

She's now made a new claim for benefits, and will be appealing (though late) the decision that she was capable of work on the basis that she had good grounds for failing to attend and the overpayment.

Thanks
JK

Have they sent out an overpayment letter. If so, does it say something along the lines of "we are not asking for the money back under social security law....etc, etc"? If so your client should refuse to repay it.

If they are trying to recover under social security law ask them under what provision. Then post back.

If its along the lines that Nevip suggests, please consider contacting CPAG as they are still looking for examples of recovery of overpayments in this way.

see this thread for more info:

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=108&topic_id=2660&mesg_id=2660&page=#3538