Another SDP query

I have a client who has been on IS for many years due to incapacity (severe mental health problems) and also received LRM and LRC DLA.

in August 2011 I assisted in a DLA renewal and completion of an ESA50 as he was being migrated to ESA from IS.

DLA completely removed and ESA disallowed (0 points)

I appealed both decisions, and while the appeal was going on he received another ESA50, which i also helped complete in August 2012.
What didnt help was the TS disallowing 2 appeals which were heard in absentia, even though we requested a personal hearing on both occasions.
The whole process was quite confusing for client as he has poor capacity for understanding how things work
In August 2012 he was awarded MRC and LRM following our succesful DLA appeal.

In September 2012 the DWP/ATOS placed him in the Support group of ESA after receiving the August ESA50, however the client did not inform me of this. The appeal against the original disallowance was running in the background, and on 6th march 2013 tribunal awarded him WRAG status for that period.

I spoke to JC+ to confirm whether he was in SG or WRAG and they told me the decision in September to place him in the SG supersedes the decision to be placed in WRAG by tribunal, as it was for an earlier period.

I then requested a top up claim form as he was now entitled to £119.85 PW being in SG however they said there was no point as he was getting £178 a week anyway (from August 2012 after MRC awarded).

I asked how this was possible as he is not entitled to an SDP as he lives with his uncle.

They told me they didnt know how he got awarded it, but the SDP kicked in after August last year.

I called the client and he swears he filled in no IS10 or ESA3 SDP form (I believe him as he calls me up for advice when he gets any correspondence that he doesnt understand, which is pretty much all of it. His uncle has learning difficulties also)

Where can I go from here? The client tells me he did not claim SDP, he was apparently assumed to be entitled to it and just awarded the Premium.
Jobcentre Plus cannot (or will not) tell me the method of how it was awarded either.

There will definitely be an overpayment, but if not clients fault i reckon its not recoverable.
How can I prove official error on this one since JC+ wont confirm how the SDP reared its head in the first place?

Any thoughts would be welcome.

I suppose it isn’t possible that the uncle also receives DLA MRCC? (in which case SDP would be payable anyway). Just a thought…

Not up to you to prove official error, up to them to prove misrepresentation/failure to disclose. Try an outraged supersession request…despite full and repeated notifications [asert it even if you can’t prove it]...continue to pay me the wrong amount…unable to budget for this due to condition.

Any luck, they’ll quietly supersede with no more heard.

Richard Atkinson