DWP were aware that client had p/t earnings under IS but on transfer to PC he started to live together with a partner but did not formally disclose the earnings not writing yes or no to the relevant Q when Pension Service requested he fill in a new form.

Can the fact that he has disclosed the fact to the DWP under IS transfer over on to SPC?

You could try making the point that the incomplete form ought to have triggered an enquiry. If client had said "no" that would be clear misrep, but not answering the question at all ought to mean with any means tested benefit that the claim cannot be decided, and that their failure to follow it up amounts to official error. Damn it, they regularly return claim forms where someone ahs failed to tick the "no" box for every obscure form of capital you can think of - earnings is really rather obvious, isn't it? I presume your real problem is an overpayment, or the query would be pointless!

Also that the change between benefits and the introduction of the partner might mean client might very well have no idea how much benefit to expect. Not but what it was a silly mistake to make.

Brigid