SDP Overpayment MR

Hey folks.

After a little assistance regarding an overpayment of the Severe Disability Premium.

Situation is as follows:
Application from single person also in receipt of DLA and CA made February 2011.
ESA (IR) awarded with CP and Double SDP.
The double SDP is not picked up until October 2013 when an LA officer is assessing her income for home care charging.

DWP notified. Overpayment of £15773.51 created due to claimant not informing DWP on original application that someone received CA for looking after her.
MR submitted on 2 grounds, that she cannot be entitled to dual SDP as a single claimant and that aside from her potentially having ticked the ‘no’ box to the question ‘does anyone receive Carers Allowance for looking after you?’ (pg 12 of the application form) the DWP had not asked any further questions about this e.g. by sending out an IS10 as seems to be procedure in 999 out of 1000 cases. I also argued that she could not reasonably have known that someone received CA for looking after her as the person in question is her ex-ptnr (who does still provide care but is not resident)

Overpayment reduced by half as DWP accept official error re double SDP however maintain recoverability of remaining £7897.16 due to her statement on the original form.

Further MR submitted by me arguing same point as before but also requesting all documents that DWP hold for client. These have been supplied but no trace of ESA1 with the all important page regarding someone receiving CA.

Basically I am now at a loss as to how to proceed as I know I can argue the reasonableness of the recoverability (although feel that might be flogging a dead horse) but didnt know if anyone could offer up any further suggestions or even whether there exists a procedural manual for ESA? I know of the DMG but this just gives you how the decision should be made, not what steps need to be taken first.

Many thanks
Mike

miket - 26 February 2014 11:57 AM

I also argued that she could not reasonably have known that someone received CA for looking after her as the person in question is her ex-ptnr (who does still provide care but is not resident)

But wouldn’t she have signed the statement on the DS700 that she agrees that her ex was looking after her?

Would depend when CA was awarded. I seem to recall that in the ‘old days’ no statement was required. Can’t remember when that changed but it’s possible the CA has been in payment for years.

I’ve just looked at a CA form.  The current format came into being in October 2008.

Ive had a look through our records and her ex-ptnr claimed CA for her in late 2007 meaning that they were able to claim IS.
It strikes me as hugely unreasonable to expect her to remember a comment on a form that she signed nearly 4 years previously.