CTC overpayment.

Client arrived UK October '05 - Swedish national. Claimed IS May '06 - wrongly advised (another issue entirely) and should have claimed JSA. December '06 department correctly decided she has no IS entitlement as no RtR.

Revenue decided in October 08 that client was overpaid CTC from July '06 (date of claim) because she informed them 20 December '06 she did not have RtR.

I have checked regs. and can find nothing to suggest that the department, rather than the Revenue, makes decisions on RtR for the purposes of CTC. That being the case and the Revenue having made its own discrete decision on client's RtR, I cannot see how the department's negative decision on the issue can be construed as a change of circs. that the client was obliged to disclose to the Revenue. Even were it otherwise, any o/p of CTC would still have resulted from official error on Revenue's part - i.e. in their deciding to pay CTC before department had got around to determining RtR.

Or am i missing something?

I don't think your missing anything, but best of luck trying to get it in front of a tribunal...!

Maybe easier to get JSA awarded for the period of the overpayment to reinstate right to reside and entitlement to CTC. I've found that complaints to the DWP in respect of claimants being misadvised to claim I.S. has resulted in either backpayment of new claim to JSA or continuation of previous payment to cover the break in entitlement and the availability for work issue is somehow swept under the carpet or try an ex-gratia payment to cover all resulting overpayments of beneift that have resulted from the loss of right to reside

That's a good point. There are other recent threads that discuss making complaints in these situations.