Income Support overpayment & confiscation order

Hi all,

I have a client who was found guility of fraud for working and claiming IS
Cl accepts that he was working and didnt declare this - as a result of fraud prosecution he served 3 years in prison.

The cl was also subject to a confiscation order under the Criminal Justice Act 1988- he could not pay the amount of the confiscation order ( £110,000.00) so was sentenced to a further 3 years of which he served 18 months.

On release from prison the DWP started to take deductions from his benefits for the o/ment- cl has challenged this recovery at first tier tribunal and was unsuccessful- he came to me to request leave to UT

we have a copy of the written reasons which basically states that the criminal matter and the civil matter are different and recovery can still be made

from the facts as i know them the cl appears to be punished three times for same offence

1) 3 years for fraud
2) 3 years of which he served 18 months under confiscation order
3) ongoing recovery of o/ment

had he had the funds to pay the confiscation he would in effect be repaying the overpayment twice would he not?

would the DWP still seek to recovery had he paid the confiscation order ?

i get that the criminal and civil matter are different ie the fraud and the overpayment recovery but i dont understand where the confiscation order sits in the picture

it seems like double jeopardy as my cl keeps saying

does anyone know whether the recovery is challengable?

any help greatly appreciated :)