Client had o/p of IS,HB and CTB 2+ years ago (undisclosed earnings over about 4/5 years). LA already recovering and client now had notice that IS about to start deds from SRP.

Only income now is SRP. She'll not be persuaded to claim her due entitlement to PC because of the trauma of the IUC and prosection in past. I've tried everything apart from getting t'whip out.

I've written to ask they consider offsetting the amount of IS/PC to which she's clearly been entitled over past 2+ years (which would actually discharge the o/p) but not surprisingly got a big NO in response. I assume no right of appeal - what about jr?

I'm now about to write to LA to ask they use their discretion and accept what she's already paid and not to continue with recovery.
At this stage I don't know whether I'm banging my head against a brick wall so any ideas will be gratefully received.
Cheers
Sue

Sue

Reg 13 of the O/P and payment on account regs clearly requires the DWP, as a mandatory step, to offset any underpaid IS or IB/JSA in calculating any amount recoverable under section 71 of the Admin act.

According to the recent tribunal of commissioner's decision, posted elsewhere on this site (I cannot remember the number off the top of my head) there is no right of appeal against a refusal to revise on grounds of official error.

However, if you have a written decision (not strictly necessary) then this should start the clock running for the 3 month time limit to seek leave to apply for judicial review to seek an order of mandamus, attempting to force the DWP to carry out its statutory duty; i.e. to apply the offset regs.

You should write a letter before action to the DWP informing them that you are seeking judicial review and also indicate that you have written to the DWP's legal department at the Adelphi.

In your letter to the DWP legal department you should also outline your arguments for mandatory offset under reg' 13.

Regards
Paul

Cheers for that Paul. Wasn't sure as cl actually refused to claim past IS - anyway I'll go for it and see. Letter that we intend to seek leave to apply for jr winging it's way.
Thanks again
Sue