I have a client with an Income Support overpayment.

He failed to disclose that he owned property, and so he was over the capital limit. He has been in reciept of IS (and had the property since 1996). He does not dispute this, but has appealed on grounds that property was on market for some periods - though he has not been able to produce evidence yet.

Four linked decisions made covering four different periods between 1996 and 2003. DWP submission states that O/P and recoverability not for entire period as they can no longer find continuous proof of payment.

Current overpayment is around £9,000, but if overpayment raised for entire period it would be over £25,000 (can't find rates for 96-99 yet).

I'm sure I've seen a Comms decision stating that can recover for entire period, if on balance of probabilities and lack of evidence to the contrary cl is likely to have been in receipt for entire period.

Can anyone point me in the right direction??