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DLA overpayment : deduction from benefit?

 

benefitsadviser
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Sunderland West Advice Project

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I have a client who has had an overpayment of DLA of just under 7K for failure to report a change in health. Im trying to persuade him to appeal, but he does not want to do so at the moment (work in progress).

I know that there are limits to how much they can recover weekly, depending on what benefit they get. He gets CA and his wife gets an IRESA top up (she is lead claimant) and he has a small occ pension.

Overpayment is in his name, not hers. Can we argue that as they now get IRESA as a couple they can only recover at £11 a week, or will they take 1/3rd of his CA as the overpayment is in his name?

I know the rules for IS/IRESA/IRJSA overpayments differ from other benefit overpayments. Any help would be appreciated

TIA

     
CHAC Adviser
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Looking at CPAG bottom of page 1252 my reading is that because the overpayment is DLA in his name then the DWP cannot deduct from ESA in his partners name and will deduct it from his CA at the 1/3 weekly rate (but you could always argue that this is too high and try to get them to lower it).

The exception to that seems to be if the overpayment was IS, income-based JSA, income-related ESA or PC then that can be recovered from either member of the couple.

     
benefitsadviser
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Sunderland West Advice Project

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Thanks for your reply. The 22 a week deduction from CA may persuade him to appeal. We shall see…....