Delay in new overpayment decision

Any pointers on how long DWP has to recalculate an overpayment decision before client has some form of defence on grounds of ‘fairness’?

Tribunal in Feb 10 set aside IS overpayment decision on grounds that although client had worked he should have been treated as a ‘disabled worker’.

There will still be a recoverable OP but no new decision has yet emerged.

I seem to recall (imagined?) a CD rejecting a human rights argument even though the recovery decision was some years after the OP was identified….

R(IS)2/04, R(IS)1/04