Does anyone have any case history of IB clients who have exceeded the 52 week period of permitted work because they have not received the 46 week reminder which they were advised they would receive.Client was sent an IB 30 which was completed promptly but no mention of permitted work was made. Is there a case for benifit to be stopped and a refund requested? Client suffering mental incapacity and under the care of a psychatrist. naturally this is causing distress.

Hello,

without more detail, I would suggest that you look at whether this person could apply for Supported Permitted Work(page 91 of Disability rights handbook) maybe as part of a treatment programme?. If this isn't accepted; then potentially if your client did not stop work or reduce earnings to £20 after the 52 week period, the IB could be recovered.

would hooper v secretary of state help?

http://www.bailii.org/ew/cases/EWCA/Civ/2007/495.rtf

Thank you for your response. Most helpful