Recovery of all arrears of DLA claim to offset previous overpayment

Hi All

Client had substantial overpayment of DLA due to previous fraud action, from 2008 to 2010. She was repaying this out of her ESA.

To cut a long story short, despite as many obstructions that DLA could put in our way and after finally getting it to a tribunal (adjourned as DLA had not produced all the papers), DLA have finally revised their decision to refuse a fresh claim from May 2011 (yes, that date is correct!) and awarded HRM plus LRC.

The arrears due are around £15,000, but DLA have used them all to offset against the previous overpayment.

My instinct is that they can do this, but cannot find anything in the CPAG handbook?

Many thanks.

They can I’m afraid - see page 1228 of CPAG - 2nd para down

Many thanks, that’s what I could not find.