ESA capital and failure to disclose wifes savings

client’s wife moved back in with him 2014 to care for him following a seperation. they told DWP who told them they would have to make a joint ESA claim so they reluctantly did.
now he has got an ESA and HB overpayment as his wife had over £18k savings which she admits in the IUC that she not disclose to her husband.

any legs in the appeal?

thanks

A person cannot fail to disclose a fact that is not known to him so there may be a leg to the ESA appeal on that score (there is strictly speaking no such thing as a joint ESA claim as there is only one claimant)

This will not apply to the HB appeal because all HB overpayments are recoverable unless they are on account of an official error.

You could possibly try to revisit the original ESA termination decision if that was not properly notified.  That way you re- open the living together as husband and wife determination , but that is a very long shot indeed