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I wonder if anyone has any suggestions, please. Client has on his own taken a DLA appeal all the way to the Commissioners. He has just been told he can have an oral hearing. He is appointee for his autistic son. The case concerns an overpayment of DLA due to a long delay in notification that son had gone into a residential special school. The o'payment has been found not to be recoverable but the client feels there HAS effectively been recovery because there was a long delay in reinstating the claim after the son came home, and when payment restarted the arrears were offset against the previous overpayment. Client is disabled himself and he and his wife are on benefits. The family needed the money. Is there any way he can win this? Is there any mileage in the argument that 'arrears' can't be paid months before the benefit is due? Hope someone has some ideas!
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