I have a client who is very unwell and does not have capacity to deal with his own affairs. There is no-one (family/friends) who could be an appointee. This client now has several overpayments of DLA due to him not having capacity to understand that he needs to report hospital stays to DLA. Has anyone had any success with appeals of this nature? I am thinking the overpayment will stand as i don't really have any argument against why it should not be recoverable from him, but am going to ask for an appeal anyway, and when this fails (assuming it will) will ask Sec of State not to recover but i think they are likely to anyway.

Any suggestions?

Not an answer to your question but - does this client have a social worker? If he does not it may be a good idea as Social Services can act as appointee - they can do this even if it's for a temporary period.

thank you - tried that. Only hospital social worker who says they cannot do this, but i am still in contact with her and will push the issue

Is there any chance that (a) he is unaware of the fact that he is in receipt of DLA or (b) he is unaware of being in hospital?

Hi, I would say its arguable that he doesn't know he gets DLA. He is aware he's in hospital

sorry, equally not an answer to your question but does he actually have capacity to instruct you for an appeal? On what basis, and by who are you being asked to represent? Sorry that's not being asked as a criticism, i'm just not sure from your question how it is working.

I wonder if social services have considered asking the Official solicitor/ court of protection for guidance if there are genuine concerns that he does not have capacity to manage his affairs? I think in your position I would contact the office of the public guardian for advice (http://www.publicguardian.gov.uk/concerns/concerns.htm) if you ahven't already!