Any help much appreciated.

Client in receipt of IB since sept'08. Advised by local charity of permitted work. Clt states only told about hours limit not earnings limit. Started to work 15 hours in April '09 but failed to inform IB until 5th June '09. Income exceeds upper limit (take-home pay £101.55pw).

IB subsequently found him not to have LCfW, stopped IB and overpayment of £480.00 (approx) generated. Clt now in position where earnings too much for IB or Income Support, hours too low for WTC. Clt appealed then came to us.

As I understand it, the recent decision at Court of Appeal is that if Clt told unambiguously of obligation to report changes, can no longer argue clt did not/could not have reasonably known of material fact or obligation to report it...is that right? If so, little point in appealing as DWP say they included this info in award notice. What about requesting write-off? Anyone know how likely this is or any other suggestions in this case?

Advised to date to either increase hours or reduce hours to qualify for one or other of the benefits but his employer will not alter terms of contract.

Thanks in advance for any advice!

This is a lawyer's answer: what was the charity thinking about? Shouldn't they take responsibility to reimburse the client for their negligence?

I agree in an ideal world this would be the case but try proving that was the only advice given! Additionally, IB maintain at the time of award, notice form IB 40 was enclosed instructing clt of notice requirements, I have no idea what information is included in this form and can't find a copy anywhere! Clt says he can't remember receiving or reading such a form and I had hoped to argue the reasonableness of expecting a clt to remeber the receipt/contents of a letter some 9 months previously.

I can't quite believe the decision in B v Secretary of State for Work and Pensions <2005> effectively wiping out the application of any reasonableness test but in light of it I don't feel there is any mileage in appealing.

It would seem the only option is to request a write-off (I have no idea how likely this would be but knowing the DWP very unlikely!).

In the longer term it might be better for the clt to give up work and return to IB, a rather absurd position to be in one would think.

Thanks for the response!