ESA Overpayment

Have a client who came to see us recently over the capability entitlement to the above benefit. It arose after seeing her that a non mortgage income payment protection policy was being paid to her which was not being taken into account within her Income Related ESA award.  We told her to disclose it to the relevant office, which we understand she will do.  She had already informed the local authority whom then made the necessary adjustments to her Housing Benefit & Council Tax benefit awards, which concluded with overpayment.  However when she informed the local authority they said to her that they would check out how it is treated and inform the Jobcentreplus Offices that deal with the administration of ESA about its existence. 

If after disclosure to Jobcentreplus she incurs an overpayment, how viable would her defense be in stating that the local authority had taken on the responsibility of disclosure of the Income Protection Payments to JC+.

Any feedback on this issue will be most welcome.

GR

A4U

Furthermore, if someone from outside of the issuing office of the DWP has offered to make the relevant disclosure then the claimant remains under a duty to check that that disclosure has been made.  The duty of continuing disclosure on this point is well established law.

Thank you very much both Tony & Nevip for your replies, they have helped me to solidify my understanding of the situation i described.

GR
A4U