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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Incapacity Benefit Overpayment appeal

cwcab
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Welfare benefits - Citizens Advice West Cheshire

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Joined: 9 July 2010

Client has Trib hearing on 11th January where her appeal against decision of DWP that she has been overpaid £45k IB will be considered. Clt had been in receipt of IB since age of 33 approx due to “agitated state” - now age 52
Problem - clt lost husband in 2002 and started working on casual basis in local pub literally down the road to “get out of the house”
Earnings usually no more than £20 per week - occasionally no work at all - occasionally earned more Clt did not think she had to notify DWP due to level of income - situation carried on for years
Situation came to light when clt visited by DWP in connection with alleged cohabitation - not an issue now - and she made a statement to Visiting Officer indicating that she earned approx £40 per week.
Clt has informed me that she signed the statement to “get the person out of the house” as she was feeling uncomfortable
During the course of the claimed Overpayment period clt attended a PCA medical - part of the report has been produced showing that clt easily attained the threshold of 10 points under the old IB mental health descriptors - I have requested production of the complete IB 85.

I do not have a good feeling about this - any suggestions??
Clt NOT currently in receipt of DLA - no secondary mental health service input - GP has supplied vague letter in support

Any observations welcome - Seasons Greetings to all

Iain

Kevin D
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Independent HB/CTB administrator, consultant & trainer (Essex)

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Caution - I’m not an expert on IB.  However, I’d definitely be looking into whether the majority of the work constituted “exempt work” (i.e. permitted work).

Pete C
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Pete at CAB

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Has the pub given any evidence of the amount they paid her?

cwcab
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Welfare benefits - Citizens Advice West Cheshire

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Pete

The pub has had a number of licensees over the period in question and all payments have been in cash with no itemised pay statements so there is unfortunately no documentary evidence whatsoever.

Iain

tim butcher
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Welfare rights officer - Wolverhampton City Council

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I would have a look at the Hooper decsion R(IB)4/07 you can find it on the upper tribunals website. Basically i think that you need to argue that should is not the same as must and therefore the work can be treated as permitted work, and there was no need to ask for permission, and thus (provided she never exceeded the earnings limits) she reamins entitled to incapcity benefit

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Ruth_T
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Volunteer adviser - Corby Borough Welfare Rights & CAB

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I am just wondering whether this is really a case of overpaid incapacity benefit or of income support paid on the basis of incapacity.  If it’s the latter then you are looking at the usual rules for treatment of earned income with a small disregard.  We’ve had several cases like this.