This is messy but I am stuck.
Client was on IS for self and rwo children plus housing costs (mortgage). IS found out that she had been living with her mother for a period of three years. IS stopped and the want to recover more than £24k. Tribunal next month.
Most of the action was in 2005 and they have made a lot of mistakes in their submission mostly about dates, we know this because client has copies of all correspondance and most is not included in DWP submission.
The submission contains a handwritten form labeled "OFF - LINE DECISION" and states that client was sent the decision on 17/11/05 (it wasn't) the evidence for this is that a letter on this date is shown on a "LETTERS ISSUED" form - they have not produced the actual letter.
Is this legit? I though they would need to produce both the final decision and the reasons for it in their submission.

Any help or comments will be very welcome

What Pete really means to ask is can there be an overpayment without a decision? (I know this becasue I work in the same office) The only decision seems to be an internal memo on the DWP system. Income support was stopped because of the capital value of the home which the client was claiming from but not living in. Any suggestions???

I think there is a further distinction that needs to be considered. In summary, there are three different issues:

1) Has there been a decision?
2) Has there been notification of that decision?
3) Does the alleged notification meet the legal requirements?


If no decision has been made, then it is plain that an overpayment cannot exist. But, that doesn't prevent the DWP from then making the decision.

If there has been a decision (& th evidence suggests there has been), the complete lack of notification should normally be enough for a Tribunal to throw the case back to the DWP. Which is all fine and dandy but, again, that doesn't prevent the DWP from rectifying that omission.

The 3rd option is the trickiest because if a claimant is not significantly prejudiced or substantially harmed, a dodgy notification letter won't render the decision to be of no effect (per "Awaritefe").

In addition:
Does the decision identify and either revise or supersede each and every decision awarding benefit during the period under appeal? Unless those decisions have been duly changed to remove entitlement for the period under review, any overpayment is not recoverable.