Have an overpayment case for DLA interim payments made while entitlement considered. Client awarded 96-2000 but inputted computor as life award. May 2008 client reviewed and GPFR requested and mistake comes to light. They phone client and tell him no recovery on the past period but then offer him interim payments till decision made on entitlement. Entitlement knocked back and client gets overpayment letter for the interim payments made.

Have never come across a situation where interim payments made for DLA. Has anyone else come across it. Isn't it a bit dangerous to the client where the expectation of payment is dependant on care and mobility needs

there is'nt any logic to what they are saying - interim payments ? Firstly, they couldn't stop the existing award intil they had made a decision to do so, hence the payments continued - where did interim payments ever come into it - even if they did exist.?

Secondly, they cannot recover the amount paid since the mistake was discovered because it was an official decision to continue paying it, thus compounding the original official error.

This sort of case is a good example of why everything should be done in writing - telephone calls can be misinterpreted too easily....

Hi,

I had a similar case last year when the interim payments issue came up as the decision was made that client no longer qualified for DLA but it was agreed that payments would continue pending appeal on the agreement of the claimant/appointee that those payments made since the new decision of non-entitlement would be repayable if they lost at appeal.

Thankfully for us the full amount was re-awarded at appeal so we didn't have to get into arguments about any 'overpayments'.

It does seem a bizarre way to operate and the only 'logic' I can see is that it doesn't immediately reduce drastically a long-standing income source without some warning and time to prepare. We were prepared to appeal recoverability if we lost the award.

Good luck!

Mairi

This strikes me as a dangerous practice. I really want to kick ass on this. How many vulnerable clients would refuse the opportunity of interim payments. My client has behaviourial amd learning difficulties and short attention span, details which were obviously with the DWP before they phoned him to make the offer. The guy has real difficulty taking in and understanding whats said to him.On top of that the DWP had already referred his details to Medical Services for an opinion and received response that there were no supervision needs. So at the time they offered interim payments all indications were he was going to be turned down.

The DLA appeal papers contain the initial decision and it was for four years. Mike mentioned a failure to review the decision but I'm not sure whether they would need to do so because it was a fixed award. I think they would just argue the continuing payments arose through administrative error. If I'm wrong in that I'd be ecstatic to be corrected.

The real bummer is the lack of appeal rights against the recovery of interim payments. It hides a really crap decision.