State Pension Overpayment of Adult Dependancy Increase

Hi,

Has anyone dealt with this in the past? I have a case with this and before I advised that there are no grounds to appeal I want to hear of anyone else’s experiences around this in case I have missed anything. Client is conceding that they failed to disclose info and the submission is pretty air tight in relation to him being informed of what changes needed to be disclosed. Other than making sure all the calculations and the law used to make the decision are   as all correct is there anything else obvious I should be checking?

Many, many years ago, I had a case of overpayment of an adult increase of Invalidity Benefit, yes, that’s right, Invalidity Benefit, at appeal.  My client had failed to disclose that his wife had become a recipient of Invalidity Benefit herself.  I argued that as it was the same person dealing with both claims in the local office, and the claimants had unusual surnames - which they did, that the DHSS, yes that’s right, the DHSS, were in receipt of the information an it was, as they failed to act on it, official error .

Much to my client’s and my surprise, the appeal was allowed.  Don’t think that that would happen nowadays though, or maybe it would with the information swapping going on between departments.

In all seriousness though, what are the details of the undisclosed information as this may help. And as an outsider of a chance, perhaps a Secretary of State failure to satisfy their duties under Subsection 5 to Section 71 of the Social Security (Administration) Act.

Just a thought.

Thank you.

Patrick

Client failed to report an increase in his wife’s earnings, he was sent leaflets stating that he needed to report these changes but didn’t read them :(

Bit of a long shot but it was earnings before tax which counted, but you can deduct National Insurance contributions and reasonable expenses, e.g. fares to work and from work, union subscriptions, child minding costs, cost of caring for an adult dependant, protective clothing, tools and equipment.  I am quoting from Disability Rights Handbook 21st edition.

Thanks for that but none of those expenses were paid although I will double check about the NI Conts