Caselaw Overpayment Period

I am assisting a client with a substantial overpayment appeal (7 years). It is claimed the client misrepresented on her claim form when she said she had no partner. The Dept’s evidence varies in strength for different periods of the claim.

I think I remember reading a similar case where it was established that the Dept had to prove the case throughout the period. I know this might be obvious but I think there was a specific case that addressed this point which would be helpful

Can anyone point me in the right direction please?

hi -

CH/2297/2009 agrees with CH/858/2006 that a decision maker should look separately at the causes of overpaid amounts within an aggregate payment -

here’s link to briefcase summary of CH/2297/2009 -

http://www.rightsnet.org.uk/briefcase/summary/Separate-causation-for-separate-amounts-within-an-overpayment/

cheers ros

I had a case where although the DWP may well have been right when they said my client had not put something on the original form they were unable to prove it as they do not keep records for much over 2 years nowdays.
It went to court and was thrown out through lack of proof.
Nicolette