DLA overpayment

I have a client who was overpaid DLA because they did not notify that they were in hospital. The admissions were acute psychiatric admissions under the MHA and I am looking for some case law that might distinguish the acute admission of a delusional patient from Sec of State v B which has been cited in the appeal bundle. I thought there had already been a thread on this subject but I can’t seem to find it.

thanks

Thanks, the tread is very informative but not very encouraging to the arguments I had in mind!

Given that the upper tribunal has just found for three claimants under the Mental Capacity Act I would try to construct a discrimination argument.  It has to be tested one way or the other.

That should read, the Equality Act, and not the Mental Capacity Act.

As people are aware, I think the Mental Capacity Act has massive relevance here .  Re B was before that came in and so could not have been cited.  construct an argument on the MCA.

It cannot be right, given the MCA, that someone who doesn’t have capacity should be held to the same standard as someone who does.

clearly, if someone never has capacity one would expect them to have an appointee or CoP Deputy, but where the incapacity is of sudden onset?