I have a client who has been found to have failed to report permitted work over a five-year period and therefore overpaid IB.

The DWP have allowed that he would have been incapable during various periods within the five years, because PWHL would have been allowed once the requirement to report disappeared, but have said that they would not have paid IB for those periods as he would have failed the contribution conditions. I've checked the dates and this seems to be correct - the initial period of capability lasts in excess of two years, so I cannot argue that his contributions were recent enough or that he benefits from a linking period, and the amount he earned was under the lower earnings limit. A claim for IB can't be considered as a claim for anything useful.

Am I right in assuming the DWP don't have to show evidence that NI credits for the peiords he has been found to be capable have disappeared?

Is there any mileage in arguing that the cause of the o/p for the incapable periods wasn't a failure to disclose but ... the NI Regs?

I've pretty much run out of steam ...

Sue