Overpaid SDP due to Carer’s allowance claim

Hello,

I have a client who has been overpaid income support. She was entitled to the SDP from the start of her claim. Part way through her claim a relative started claiming carer’s allowance as her carer and she did not notify the Jobcentre. The SDP continued to be paid until some DWP matching exercise. Does anyone know of any link between carer’s allowance and income support computers that would enable me to use the argument that her failure to disclose wasn’t the cause of the overpayment?

Thanks

There was initially this thread: https://www.rightsnet.org.uk/forums/viewthread/11995/P15 which was discussing WARs being sent between departments where a relevant benefit started or stopped which may affect an existing benefit claim

However, this thread: https://www.rightsnet.org.uk/forums/viewthread/13423/P15/ the conclusion was following this UT decision: https://www.rightsnet.org.uk/welfare-rights/caselaw/item/esa40-leaflet-imposes-a-duty-on-claimants-to-report-when-their-dla-stops-de
if the client received the equivalent document to an ESA40 (don’t know what it’s called for IS), then this may prevent your client from arguing the DWP already knew of the change.

Did the client know the person claimed Carer’s Allowance? Was Carer’s Allowance an underlying entitlement and the DWP have stopped SDP in error? Was the client informed that she needed to report any changes by the equivalent to an ESA40? Had the client already informed the DWP by telephone or writing of the change? These could be possible arguments to dispute the overpayment.

Oh found the equivalent: INF4(IS). I’m assuming it would look like this only this is the 2011 version from FOI request: https://www.whatdotheyknow.com/request/487009/response/1169278/attach/5/INF4IS 1011.pdf?cookie_passthrough=1

Thanks very much for that. No unfortunately not much else to go on. She knew about the claim for carer’s allowance, it wasn’t underlying entitlement, she had received the leaflet about notifying changes and hadn’t made any declaration about it.