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SDP overpayment
Having a dumb Friday moment. Putting aside Hinchy principles, is there anything procedurally in place to compel CA to tell either ESA or an ESA appointee that CA has been claimed and/or is in payment?
Got plenty of arguments with this case anyway as claimant and appointee were blissfully unaware of a CA claim made by a relative of the former. However, I have this nagging feeling that the appointee is right and that there is a process between the two.
Any clues?
Yes there’s a process. Only recently I sent in an IS10 for someone only to be told that an unknown third party had made a CA claim in respect of them.
Cheers Dan. So, it won’t be central to this specific case, as this is much more of a “can’t disclose what you didn’t know in the first place” but the question then becomes where do I find out where said process is detailed?
Incidentally I tried to DM you about my infamy thanks to Joe’s post but your Rightsnet Inbox was full.
Even the claimant was unaware someone had claimed CA? Wasn’t he or his appointee asked to confirm that the CA-claimant was providing 35 hours of regular and substantial care a week?
It appears not. Long term there may be no SDP o/p precisely because 35 hours was not being done. We shall see.
Even the claimant was unaware someone had claimed CA? Wasn’t he or his appointee asked to confirm that the CA-claimant was providing 35 hours of regular and substantial care a week?
But thats not a requirement to disclose that an award of CA has been made (or any other factor that affects entitlement to SDP - it a declaration on the CA claim form relevant to the qualifying criteria for CA not SDP).
We were successful in a case only last week where DWP argued the person in recipt of SDP had failed to declare that a person was in recipt of CA. Tribunal accepted that there was no duty to disclose this under C&P reg 32(1A) or (1B) and that as a matter of fact our client did not know X was receiving CA anyway.
We were successful in a case only last week where DWP argued the person in recipt of SDP had failed to declare that a person was in recipt of CA. Tribunal accepted that there was no duty to disclose this under C&P reg 32(1A) or (1B) and that as a matter of fact our client did not know X was receiving CA anyway.
That’s interesting. I can see what you mean, the logic being that someone else being awarded a benefit is not a material fact of which the claimant was aware?
In these cases, it seems, then, to be correct to say that DWP must get it right themselves, or else they cannot lawfully recover it from the person who - incorrectly - received the overpaid ESA/IS/JSA/PC.
May I just clarify?
There’s a procedure in place for CA to notify ESA of a claim to CA and/or
There’s a procedure in place for CA to notify an appointee of a claim to CA?
Again, turns out to not be central but I think I want to know this now.
Even the claimant was unaware someone had claimed CA? Wasn’t he or his appointee asked to confirm that the CA-claimant was providing 35 hours of regular and substantial care a week?
But thats not a requirement to disclose that an award of CA has been made (or any other factor that affects entitlement to SDP - it a declaration on the CA claim form relevant to the qualifying criteria for CA not SDP).
We were successful in a case only last week where DWP argued the person in recipt of SDP had failed to declare that a person was in recipt of CA. Tribunal accepted that there was no duty to disclose this under C&P reg 32(1A) or (1B) and that as a matter of fact our client did not know X was receiving CA anyway.
Peter, or indeed anyone else, any caselaw around C&P and this aspect of whether someone else claiming CA is a relevant change of circs?