Last updated: April 18, 2012test caseOverpayment caused by failure to disclose – whether overpayment recoverable – whether failure reasonable
The claimant had been overpaid income support for her children when she failed to disclose that they had been taken into care. The appeal tribunal found that disclosure was not reasonably required of the claimant until she had been advised by a social worker to report the change as prior to that her learning difficulties had reasonably prevented her from appreciating the need to inform the DWP of this change.