Overpayment of Child Element of Universal Credit

I have a client who has been informed he has to repay an overpayment of £4302.48 of Childcare Element from Feb 2023 to November 2023. ( Will be deducted from UC in instalments).

He had full time custody of his children up until Feb as their mother was in hospital(prior to that he had joint custody). After that he had joint custody again, but they spend more time with the mother, staying with my client at weekends and during holidays. He did not inform them of the Change of Circumstances.

It seems the DWP became aware of this as they recently had a compliance call with the client and then two days later an agent from DWP reported a Change of Circumstances on the account that the children have not lived with him since Feb.

As the main carer I think it is the mother who has the eligibility for the Child Element, so they are entitled to ask for repayment of overpayment.

He wants me to challenge it, but I cannot see any grounds for a MR?

Any Advice

Thanks

This is not straightforward. It is certainly possible for him to still have ‘main responsibility’ for the children.

As a start, have a read through the ADM guidance at F1056-F1065.

https://assets.publishing.service.gov.uk/media/6245b3be8fa8f52777576261/admf1.pdf