In 1996 - 1997 our client informed SRP that he had got married. He now has a benefit overpayment.

DWP states that our client filled in an adult dependency form and did not inform that his wife worked. DWP do not have copy of form.

Our client cannot remember completing these forms. Has anyone got a copy of this form so we can see if there is space for declaring income and statement of truth for signature.

Any suggestions gratefully received.

Copy of form to apply for an increase in SRP for a dependant is available online at http://www.pensionsservice.gov.uk/pdf/bf225jan04.pdf

Is there not a more significant issue? If DWP do not have a copy of his claim form, what evidence do they have that he was responsible for the overpayment?

I agree with Jimmy the burden of proof lies with the DWP, if they have destroyed form they cannot proved he failed to dis close or misrepresented afact. If this is the case overpayment not recoverable. See the commentary in Bonner& Mesher Vol 111 2003 pgs 52-85 concerning SSAA 1992 REG 71, it gives avery clear explaination about overpayments and recoverability.