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Incapacity Benefit Overpayment appeal
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