Failure to disclose permitted work

Hello,

Can anybody suggest any caselaw that may help me here. I have a client who started working part time while in receipt of ESA. At the time he was under A4E and declared the work to them but they didn’t pass on this information to the DWP (this is not disputed by DWP, clearly states in papers that A4e didn’t pass on the information). I was wondering about / hoping to argue that A4e should be considered a relevant office but can’t find anything to back up my thinking.

Thanks

Has he been overpaid? If he hasn’t been overpaid then it shouldn’t really be an issue as far as I can see.

Yes should have said, massive overpayment resulting.

But why?

Because his hours of work and/or earnings actually exceeded the permitted work limits?

Or because the DWP has taken the view that although the work and earnings fell within the limits, an overpayment has occurred solely by virtue of his not having reported the work at the outset?

Yes indeed, if it’s simply non-disclosure and the permitted work, at all times, fell within statutory criteria, then your client shouldn’t have a problem.

Sorry realising I did an awful job of my original post!

His earnings arguably exceed the limit slightly. There is a possibility we could argue that they should be averaged over a different period but that’s not clear until my client provides more me with more information.

So considering the argument that although the decision that he wasn’t entitled to ESA was correct, the overpayment shouldn’t be recoverable.

Long shot?

I’d say these things are often arguable to say the least. Some o/p decision making and administration has been shocking from what I’ve seen lately.

I must second Paul’s comments; I’ve seen a couple of similar overpayments which have been shocking. In one the claimant had kept reporting his hours and earnings; when they were high JCP said “don’t worry they’ll average out” and when they didn’t they hit him with a huge overpayment.

That aside there is caselaw concerning when the duty to disclose might be modified by an officer of DWP; it predates contractors mind but I’d certainly be running the argument. I’d start around R(A)2/06 and page 77 of Vol iii of the 16/17 legislation.