my client has been getting DLA for a number of years, He was working when he claimed and continues to do so. however he changed jobs in 2005 and didn't tell DLA. He has not stated that he works in any of his claims. following recent IUC DLA removed from 2005 when new job started and overpayment created.

We're appealing on grounds that no change to his circumstances - just new job therefore not reasonable to expect him to know should report. Any further suggestions?
Caselaw? Can't find any!

Thanks

as you know, this issue has been discussed almost to death....he has no reason to report anything other than a change in his physical abilities/disabilities, and then look at the actual ways in which he satisfies the crieteria, as well as pointing out that dla is a disablity benefit not a means tested/work related benefit...

Indeed. Absolutely ridiculous of them. Assuming that the job and duties expected in it are not inconsistent with the award (eg. a golf groundsperson on H.R. Mobility!), then there are no grounds for their case. It is utterly irrelevant.

I'm currently dealing with a very similiar case and a lengthy recent discussion about the issue is here:

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=100&topic_id=6771&mesg_id=6771&page=