I have a client who was assisted by a previous agency in September 2005, and HB was notified at that time that the claimant and her husband had been living separately via a judicial separation from the court in October 2000. HB then notified the client in November 2005 that her ex partner was treated as a non dependant from 13/10/2003. this caused an overpayment. The client had still been putting her ex partner as a partner on the form, so this had caused some confusion. there is also a problem with an award of Tax credits awarded from 04/04 to 04/05 in which husband and wife incomes have been assessed together, and in an award letter of 09/07 , the husbands earnings were again taken ionto account as a non dependant. the client had suffered DV,and the ex partner has not assisted her financially when it came to repaying the overpayment- ( He has now been excluded from the home)I want to know whether there are grounds to possibly challenge further or request a partial write off of the overpayment. I also am worried that further requests will leave to the overpayment being backdated to 2000. Does anyone have any experience about challenging these overpaymets on the grounds of DV/ unreasonable behaviour, as the rules on this are not very clear.Any suggestions will be gratefully received.
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