Hi,

Excuse my ignorance in this area, but I don't usually deal with Incapacity Benefit!

Client refused Income Support on the grounds that she was fit for work. She appeals against decision and whilst appeal is considered she continues to receive I/S at a reduced rate.

She has now been referred for a second medical but decides she wishes to withdraw her appeal and will claim JSA instead.

If she withdraw her appeal in this manner, can/will the DWP seek to recover the I/S she was paid as a result of her initial appeal?

Thanks.

No - there are no provisions for recovery in these circumstances.

Why doesn't your client continue with their appeal and still claim IB?
Although they have to sign to say they are able to work this is not held against them at the tribunal.
Mark