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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Incapacity Benefit Overpayment

Ofuns
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Thurrock CAB

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Total Posts: 6

Joined: 1 July 2010

I have recently dealt with an Incapacity benefit overpayment for a client who was on Incapacity Benefit and returned to work and states that she informed the DWP of same but 5 months later started receiving payments of Incapacity Benefit and the DWP decided that due to a failure to make an entitlement decision initially, the overpayment is non recoverable. This Client is also in receipt of Industrial Injuries Benefit and states that when she saw the payments in her bank statement she thought that was what it was.

Despite the initial decision, she has now been contacted again by the DWP with another decision stating that there is still and overpayment for a longer period than she was previously informed which now dates back to when this client initially claimed Incapacity Benefit.

I wonder if anyone could shed some light as to how to appraoch a new appeal for this client?

Ofuns
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Thurrock CAB

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Total Posts: 6

Joined: 1 July 2010

Thanks Dan, will do so as a first step. Very helpful advice.

Ofuns
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Thurrock CAB

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Total Posts: 6

Joined: 1 July 2010

Thanks a lot for you advice Tony.

It gives me a clearer picture as to how to go about this appeal.