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huge overpayment widowed parents allowance

SocSec
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any help welcome, my cl has £35.000 overpaid WPA because his child benefit stopped 5 years ago, he did not know it had stopped and we do not know why other than social services were involved with the child , the child never left home, any ideas on grounds for appeal, client has mental health issues and has been confused throughout last 5 years

ClairemHodgson
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SocSec - 18 July 2017 12:23 PM

any help welcome, my cl has £35.000 overpaid WPA because his child benefit stopped 5 years ago, he did not know it had stopped and we do not know why other than social services were involved with the child , the child never left home, any ideas on grounds for appeal, client has mental health issues and has been confused throughout last 5 years

not an idea for the appeal, but i should have thought you need to find out from relevant benefit office why the CB stopped, and whether that was correctly stopped.  from social services, why they were involved and whether there was a court order at any point.

it seems odd on the face of it that CB would stop at any point prior to the relevant child becoming too old/leaving education, unless there was a question about fostering the child out at some point

it may be that CB office thought the child had been fostered (perhaps there’d been a proposal?) when it hadn’t been?

once you know the answers to those questions, i should have thought you’d have a better notion about prospects on appeal, and could possibly also get arrears of CB paid!

SocSec
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Thanks Clairem I am getting client in gain to try and get answers from CB, I suspect social services have had something to do with it !!!, can CB be backdated 5 years ??

SocSec
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thinks, I wonder if loss of CB can be offset ?

ClairemHodgson
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SocSec - 18 July 2017 03:57 PM

, can CB be backdated 5 years ??

no clue, but if in turns out that it should not have stopped, and was only stopped because of official error, then there are issues re

1. notificaiotn of said stoppage/potential (late) appeal (e.g. if never notified, was there a valid decision, and if notified now, is it appealable?)
2. official error by whoever entitling your client to compensation and/or offsetting….

also, when would CB otherwise have stopped, had it not been stopped 5 years ago?

SocSec
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Total Posts: 277

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Cb is being paid now , he had to claim again nd got t no problem,, child age 16 now