I wonder if anyone can help me.

I went to tribunal with a client who had failed to disclose part time earnings because he had an AIP in force. His decision letter was misleading in that it says that there is no need to inform DWP of any changes if an AIP is in place.

He has actually been overpaid because earnings are not classed as retirement provision, I therefore argued that it was not reasonable for my client to be expected to know this technicality. However, the chairman said that although it was a relevant point; he could not allow the appeal in light of recent commissioners decisions which state that an overpayment is recoverable simply by virtue of the fact that the claimant would not have been entitled to the benefit.

Does anyne have any ideas as to the Commissiones decision he was refering to? Or any clause which means I could ask for leave to appeal / take the case to Commissioners myself?

Many thanks.

Ask for a Statement of Reasons for the decision. If the Chair has relied on a particular Commissioners' Decision in reaching his view then that should be clearly stated in the SoR.

The chair was probably refering to the Court of Appeal decision against CIS/4348/2003. I understand CPAG are appealing on to the House of Lords, but I don't know if it's been heard there yet. I'm sorry I don't know how to do a link, but there's rightsnet news item on 20.7.05 which gives more details.

the case sara refers to is B v Secretary of State for Work and Pensions

the news story was ...

Overpayment recovery and whether disclosure of a material fact must be reasonably expected: Landmark Court of Appeal judgment