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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

PIP Appeals and Benefit Overpayment

Dave BCFU
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Blackpool Centre For Unemployed

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Total Posts: 1

Joined: 9 July 2020

Hi,

First time posting.

I have a client who appealed his PIP decision - he was awarded nothing for Daily Living but the enhanced rate for Mobility.

We, unfortunately lost the appeal and the Tribunal awarded him nothing for both components - we are currently in the process of taking this to the upper tribunal.

He has now received a letter from the DWP stating he has an over-payment of £2000 due to him being wrongly awarded the enhanced rate for mobility.

Is there any appeal process for this as neither myself nor my client feel this fair.

Any help would be greatly appreciated.

Adam Evenson (BCFU)

Elliot Kent
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Shelter

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Total Posts: 1743

Joined: 14 July 2014

An overpayment will obviously be generated where the Tribunal decides the claimant is getting paid at a higher rate than they ought to be.

That overpayment however will not generally be recoverable because an overpayment of PIP is only recoverable where it is the result of a misrepresentation or failure to disclose. If it is just a disagreement between DWP and Tribunal, that will not be the case. The decision on recoverability is appealable in the same way as most others.

Does the letter say that the overpayment is recoverable?

[ Edited: 15 Sep 2020 at 05:12 pm by Elliot Kent ]