Hi all,

Anyone has any tactical suggestion on the follwoing either on case authority or statute: client is currently 68. Claimed IS in 1992 and didn't declare his occupational pension which was only £1.89 roughly a week. was advised by third party that needn't declare anything below £5. Does not speak English at all & does not understand the benefit system. Got found out by the BA through a visit at home. BA now claiming to recover £1,505.09 from 1992 to 2001. No housing cost at present or at time of claim.

Any suggestion would be greatly appreciated as there is appeal hearing in 1 week!

3 issues:-
1/who was 3rd party?...poss grounds here on misadvice if a recognised advice agency etc (and thus not always recoverable)
2/ did he fail to disclose? or did he misrepresent? what are they saying in their decision?....if the former, has the dept got his 1992 claim form in the papers? has he subsequently failed to disclose in any claim or review since?? Any subsequent declaration he has made (without mentionm of his Occ Pen) on a form (or recorded verbally) to the dept will be essential in determining - on the balance of probability - an issue of misrep or non disclosure...but if it all goes back to the initial claim, and they are citing non-disclosure in 1992, you may have an argument that there is no evidence of such (if they can't produce that claim form from 1992)
3/ if all else fails ...possible SoS discretion not to recover under circs

..otherwise pretty straightforward I think