I have a client who went into residential care (LA funded) whilst receiving high care and low mob. The care home manager notified DWP of this move after about eighteen months of living there ( he had been in receipt of care component the whole time). Subsequently the DWP have stated that there has been an overpayment for this length of time. Without going into too much depth we have requested an appeal and the papers have come back and confused me somewhat. The submission contains a supersession decision dated 28 days after he went into resi care stating that dla care is not payable. This would suggest that the DWP were aware of the change in circs at the time of occurrence and continued paying him regardless (which would constitute an official error).

Alternatively they made an error in the dating of this decision. Would this be seen by the tribunal as a mistake and therefore correctable or would it stand? Does anyone have experience of how an appeal's tribunal would regard this situation?