Overpayment of IS during Care’s Allowance claim

Hi.  My client is a full time carer for her terminally ill mother and was in receipt of CA topped up with Income Support.  In September 2013, she took a part time job as she was suffering ‘meltdown’ being a carer with no outside interests. She called the Carer’s Allowance Unit and as advised, she submitted her wage slips but these, and the copies she subsequently sent, were lost or not received according to the CAU.  They did eventually get other copies from client’s employer.  We have a CD recording of the client’s call and whilst the CoC was accepted by the CAU, she was not advised at any time that she should also call IS to inform of the change to her circumstances.

Client was interviewed under caution and eventually charged with fraud for receiving £680 overpayment of IS.  We have appealed the decision and are due to go to tribunal but because client did not call IS, can anyone tell me if this appeal has any chance of success?

Any help would be so much appreciated!!

Thanks

Was she clearly and unambiguously informed of her duty to report changes of circumstance? Did she know she had to? Was she aware of the basis of her entitlement to IS?

Unfortunately, the Carers Allowance Unit has no legal responsibility to advise someone to tell Jobcentreplus about the end of their award.

Presumably there is a criminal case ongoing as well as the civil tribunal pending?

Is the overpayment just £680? I am surprised this is being prosecuted.

Hi Edmund
Thanks for your prompt response.  Client had received the booklet ‘Changes you must tell Jobcentre about’ which states on page 4 that you must tell JCP if you start a job.  I am not with the client right now but my guess is that she would not understand the question regarding awareness of the basis of her entitlement to IS.

I got the overpayment amount wrong and the correct amount is £758.38.  She answered her door to the police at 3:30 one afternoon in September and was told she had to appear in court at 09:30 the following morning to answer to a charge of fraud.  This is ongoing.

Part of my argument is: how are clients expected to know if they are not told, that informing one department of a change in circumstances is not always enough.  If a client calls to report a bereavement, the information is shared with all other departments so client assumed the same applied to informing CAU of her changes.

Client’s award of CA was not ending, she was advising that she was going to work part-time and was in turn advised that she could earn up to £433 per month without her CA being affected.  She was not told that she could no longer claim IS if she was working.

Best regards
Vonnie

Does this discussion help?

http://www.rightsnet.org.uk/forums/viewthread/7308/