Overpayment of Severe Disability Premiun

Good Afternoon,

My client has just received notification that she has been overpaid the Severe Disability Premium. She has been asked to repay £2804.00.

She was overpaid because her son moved in with her and she failed to inform the DWP.

My client has Cerebral Palsy and although she does not have an appointee for benefit purposes, she cannot retain information.

She also lacks understanding of DWP REGS so she would not understand that she would lose her SDP premium, on the basis that her son moved in with her?

He actually moved in to offer her care and support and he did not apply for a CA.

I am wondering if anyone can offer guidance with regards to how I may successfully challenge the overpayment????

I appreciate any help or guidance in this matter.

Regards

she doesnt necessarily need to be aware that the son moving in would impact on her entitlement.

the paying benefit office will usually issue inf4 forms saying “changes you must tell us about” and those include things like someone moving in etc.

if she was aware someone had moved in then your going to struggle.

there may be some scenarios you can argue the person’s cognitive abilities are so bad they werent actually aware someone had moved in but those will be few and far between.