Hi,

I have a client who was on pension credit (savings credit) and HB/CTB. The DWP visited this lady March 2005 and discovered this lady had approx £45000 in various accounts. The DWP did not inform the LA until March 2006 when they duly cancelled the HB/CTB claim back to 2005 and created an overpayment.

My client is bed ridden, has little awareness of money issues and has no appointee to help with her financial affairs, social services will not get involved with the money side of her affairs.

A friend was helping with this sort of thing but has withdrawn her help.

I have visited the lady and got DD's set up for her rent and ctax which I feel is not my place to be arranging for reasons I'm sure you can appreciate.

The LA have the overpayment as cl error and are recovering.

My question is do the DWP have a responsibility to pass the info on and did my client have to inform the LA as well?

I have a reconsideratin turned down by the LA and I'm considering if I should take it further.

Thanks

It wont be easy but it may be worth an appeal. It sounds as though there is no question that she was actaully overpaid, the question therefore is whether the overpayment is recoverable.

To avoid recovery you need to show that:

1.The overpayment was caused by an official error
2.No relavent person (e.g. your client) caused or contributed to the error
3. Your client could not reasonably have been expected to know that an overpayment was being made at the time.

I think you may have a fighting chance at arguing that the delay by the DWP was an official error

You will face some difficulty in respect of 2. If the LA can prove that they told the client about information that was reportable (i.e.) possession of capital and your client failed to notify that to the LA you are likely to fail. However if they cannot prove that they told her about what was required then there is an element of what it was reasonable to expect her to report that should be considered, in which case you might get somewhere. I do however wander if there might be a disability discrimination issue that you could raise...did the LA make reasonable adjustments to there procedures re notification to facilitate client making disclosure? Most admit I have not really worked through this argument..someone else on the forum might be able to expand on this and/or shoot me down in flames!

In respect of 3. you may again be in with a fighting chance, especially if you can obtain medical evidence to show that cl was not aware of finances etc.

As an aside, should you also be considering whether it is possible to have an appointee appointed by the sec of state? Would client also benefit from seeing a solicitor to consider power of attorney?