Hi

My client has claimed WTC for the y/e 2003/04 and 2004/05. Both awards provided a severe disability element which should not have been included, however, the error came to light after 05/04/05 and an the overpayment of £890 is to be repaid. Why would they only request repayment of one years worth? Do you think they have overlooked that the element was also incorrectly added in the first year also.?

This leads me to another question, although the severe disability element should not have been paid but if a claimant has been in receipt of IB since before 1995 should the other disability element have been included? and if so, would it have been displayed on the old style awards because no elements are shown in the award calculation

I dont want to put a claimant in a worse position by arguing that an element wasnt applied that should have been only for them to discover client was o/p the severe disability for the other year as well

Thanks

Disabled worker element is only paid where the disabled person is working, the severe disablity element is paid whether the qualifying person is working or not. As you say that the client was in receipt of IB, by definition they can't be working (or else they've been overpaid IB as well!)

Thank you for your clarification. I must admit, i read the CPAG paragraph for the disability element a few times today but wasnt confident i was really reading it right

Thanks again

A while ago I had a case where the SDE was wrongly paid from 03/04 up to 05/06. TCO eventually processed the o/p but only for 04/05 & 05/06, so apparently the same as in your case they left out 03/04. No explanation, & I didn't ask for one!

I think there must be something going on with the old o/p's. I too had a client recently with o/p's from 03/04, 04/05 and 06/07, not caused by SDE, but all with same cause and fully recoverable. Client was being pursued for the two later o/p's only and I only found out about the 03/04 o/p when I contacted the helpline to get some detail about client's award. Obviously I warned client that there is an outstanding o/p from 03/04, but if HMRC aren't asking for it, then no worries!

Anyone know if there is a time limit on when TCO can pursue an o/p? Because it would be nice to be able to say to clients, well if they haven't asked you for it in the past x years, then u can forget about it!

Iv written to the TCO requesting they use their descretion not to recover from this couple who are now pensioners

Iv written to the client and explained how the O/P occured and also stated that they only appear to be chasing one year for some reason (only known to them). So hopefully and with fingers crossed the first year O/P will slip past TCO. Makes you wonder though does'nt? Maybe their wonderful IT system has lost the 2003/04 details for everyone but they are to keep Ssh about it...!!

I am not sure about time limits for them to chase an old O/P but just assumed it would be 6 years as with most debts (subject to it being statue barred?)

Thanks