Client has depression and is dyslexic. He has been on ICB for several years.He was offered work part time which he took up without informing DWP. He earnt no more that £40pw.

He has since been investigated and has been informed he must repay the benefit for the period he was working. It is interesting to note he has not had his ICB stopped, he is still in receipt of this. I do not yet have the full facts of the case but wondered if anyone else has appealed this type of overpayment successfully given client's health problems.

It sounds like to work may be treated as Permitted Work for up to six months which could be why IB is in payment still. However, the work only counts as permitted work where the claimant notifies IB within 6 weeks. If they don't then it is not permitted work and IB is overpaid. Once notification is made, it becomes permitted work.

However, the first 6 months worth of overpaid IB should not be recoverable. This is because s71 SSAA 1992 allows recovery only of benefits that would not have been paid if the relevant discosure had been made. In this case, the benefit would have been payable if he had made disclosure, so no recoverable overpayment arises. This only applies, I think, for the first 26 weeks of work.

It will be difficult to rely on his incapacity as a reason for non-disclosure, but you could try looking at the information that he was given - I think there might be some issue about the leaflets and stuff they issue and what they say about notification.

I have tried to run an argument about Art 14 discrimination on this issue (in another thread somewhere) but it was a non-starter really.

Mornin'
I've a similar one with o/p of IS. IB credits only because receiving Widows Pension (overlapping benefit). IS top up to app amount averaging £23 pw over 18 month period. Client failed to disclose working whilst earning £30 pw. She had assumed she'd have a disregard of £20pw but decision based on incapacity and therefore whole amount of IS recoverable. Attended IUC and we obviously want to avoid possible prosecution at all costs. Any hints/help very welcome.

Cheers
Sue

Hi sue, i have n't researched this, so i might be talking garbage, but it might be worth exploring CIS/1657/2004 basically client in similar situation to yours.

(It was in one of 2005's advisor wotsit (NACAB)july/aug 110 "no longer incapable of work, SOS must consider whether alternative grounds for (IS) claim".

Under SCH 1B IS (GEN) regs 1987 para 8.retaining entitlement to IS as a disabled worker.

andy

ps can you let us know if it's got any mileage, i really bogged down with case work, for my sins (i do paid work for a urban dorset disability org, unpaid for a rural dorset equivalent, and mostly unpaid for Age Concern),

Cheers for your replies, feel a bit more confident on taking this forward now. Have written to request decision is looked at again, using his dyslexia and depression as reasons for non disclosure. Got all 10 fingers crossed.

Thanks again.

Is there not an issue about periods of incapacity for work(PIW)? If doesn't count as permitted work & you haven't notified them to become a welfare to work beneficiary, not entitled to IB while working & need to reclaim IB that may put you in a new PIW & fail contribution tests.