A Tenancy Support Worker claimed SDP for my client after her non-dep son was admitted to hospital for 9 months Dec03-Aug 04. An award was made, which surprised me because it was always the intention that the son would return home as soon as he was well enough.

My client received a decision in writing to say she was entitled to the money, but the giro went missing in transit. The Tenancy Support Worker tried to chase it up with the Pension Service but was told the giro shouldn't have been issued in the first place because the client wasn't entitled to the SDP after all, and therefore no replacement would be issued.

The two questions are

a) Is there any case law on if/when a hospitalised non-dependant might no longer be treated as a non-dependant?

b) If my client wasn't entitled to the SDP the Pension Service originally decided she would be paid, is there any way we might pursue the payment she was told she would get? If she'd received the money and then the Pension Service had changed their mind it would presumably have been a non-recoverable overpayment.

Hi Peter, 9 months is a long time in hospital, are there any extenuating factors suggesting that any decision to discharge him or to originally admit were out of his hands.
eg he had been sectioned under section 3 of the mental health act 1983 and had then had his sectioned renewed provisionally for another 6 months suggesting he would be away from home over 52 weeks ?

I know this is completely ignoring your questions (i don't know of any caselaw), i'm just hoping if i reply to posting it might spark a debate and bounce ideas around or someone somewhere might have a way to resolve the above.

andy