Whether a change of pension income was properly reported ‘to JobCentre Plus’

My client claimed cb-ESA and later started to receive a private pension. She has now been hit with an overpayment.

Her case is that when the pension started, she tried to get through by phone but couldn’t. She then went into the local Jobcentre who sent her away. She also discussed it with someone who called her (some time later) about being put in the support group and apparently reassured her it was fine as she was on contributory ESA.

Now, normally I would take the view that none of these is a proper disclosure. However, the DWP have referred to instructions on the ESA40. This appears to instruct the claimant to report the change to ‘JobCentre Plus’ and that the ‘quickest and easiest way’ to do this is by phone. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/722720/esa-notes-about-your-claim-ESA40.pdf

This to me in the context makes the client’s position more arguable, as she initially tried by the ‘best’ way and then went into the JobCentre Plus in person and told them. This isn’t what the DWP intended, but it is what they told her to do. The wrong advice seems to also finish off any argument that she could have known that the report hadn’t been dealt with properly when made in person.

Would welcome any thoughts.

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