Valid disclosure?

Happy Friday everyone!

As always I have a question…

A client provides details of all income, bank statements and occupational pension during a home visit by a PDCS officer (he was there to conduct a benefit check having earlier visited to complete a DLA form for the claimant and appointee paperwork for the wife to enable her to manage claimant’s benefits). Officer does the benefit check and advises that other than the existing IB there is no additional benefit entitlement due to excess income.

Some years later IB overpayment surfaces due to pension income.

The officer is working for the Pension, Disability and Carers Service rather than JCP who administer the IB, has a valid disclosure been made?

All thoughts, case law etc very welcome indeed.

Chaos

R(A) 2/06 (http://www.osscsc.gov.uk/Aspx/view.aspx?id=1913) says that the absolute duty to disclose under reg 32(a) of claims and payment regs can be modified by advice from a DWP official - I think PDCS person saying they had done a full benefit check would count as that

Daphne, you are a diamond.
It is always nice to have some case law to back up your arguments. Have a good weekend.