Overpayment - offsetting

My brain is melting and I’m not sure I have a grip on this.

RP (dependant addition) overpaid as partner worked in excess of the set limit.

Argument still outstanding on disclosure etc.

Check made for any underlying PC to offset but info is confusing - possibly no entitlement.

However for 4 out of the 6 years of the period, partner had reduced work hours in order to get CA. Claim made 4 years ago.

CA Unit say they did not pay (till this year, when work stopped altogether)
as the RP addition was in payment.

So…..

If the RP addition is found not to be payable and there was a period when CA was payable instead and had been claimed - can this be offset against the overpayment?

I’ve looked at Regs 5 and 13 POAC regs until i hate them. And it’s mutual.

Have I a viable argument?

Reg 13 doesn’t apply as it operates to pay unpaid entitlement of the same benefit where there’s been a claim for that benefit.  So underlying PC is a non-starter.  On its face reg 5 doesn’t apply due to reg 6.  Reg 6 prevents the DWP offsetting recoverable overpaid RP from any arrears of (underlying) entitlement to CA.  If the overpayment is recoverable then ask the DWP to go back and readjust payments of RP and CA under the overlapping benefit regulations.  They are likely to hesitate at this point unless the claimant gives some guarantee to repay the overpayment of RP.  That would be legally dubious.  If the overpayment is not recoverable then the DWP can just offset from any arrears of CA, under reg (5)(2) case 5, the RP already paid, as reg 6 doesn’t disapply reg 5.  If the weekly amount of RP was higher than the weekly amount of CA then there will be no gain to your client.  If the overpaid RP is recoverable then it’s important to try and get the readjustment mentioned above to reduce the financial loss.

I think this is right but I stand to be corrected.   

Thanks Nevip.

I’ve now found that CA was actually in payment from 4 years ago and that the CA Unit told RP at the time. Changes things a bit…