My chap has been paraplegic since 1990, getting high mob and middle care. He is certain he hasn't ever had high care, because he's OK at night. He's always been on IS to top up Incap. Gets SDP but no EDP because MRC only. In 2003, he says, JC+ mistakenly added EDP to his IS, an admin error.

He says he realised he'd been given extra money but (human nature !) didn't question it. It was finally picked up in 2008, the EDP removed and the case handed over to the overpayments unit. It seems the O/P was treated as recoverable because the claimant contributed to it, by not querying why he'd had a rise. This is what he said he was told. He didn't appeal because he accepted the explanation.

One year later, I'm on the case. Firstly, am I right in saying the O/P shouldn't have been treated as recoverable ? And if I'm right and it wasn't, can this be resurrected as a fundamental error in the decision ? Anytime review, I think it's called ? All views welcome !

If the facts are as stated, and he made no material contribution to the award of the EDP, then it seems to be a straightforward official error and not recoverable under SS Law.

Did they maybe ask him to pay it back voluntarily using Common Law?

I would certainly ask for a copy of the original decision, check all the facts, and if they are as outlined in your post, and if it is under SS law, ask for a reconsideration on a point of law.

Didn't think of that ! They could have leaned on him to repay voluntarily. The customer's recollection of the facts could well reflect on the amount of pressure they put on him, so that he got the impression that he was obliged to pay. I wouldn't be so worried for him if he didn't have a heavy debt burden elsewhere as well.

In passing, can he cancel a voluntary arrangement once he's signed up to it ?

Short answer, I don't know. Logic says yes, but....