Child Poverty Action Group

This case concerns the date from which claims for disability living allowance (DLA) should be revised or superseded.

Overpayment 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.

On appeal from Kingston upon Hull City Council v DLM (HB) [2010] UKUT 234 (AAC) And Secretary of State for Work and Pensions v JP [2010] UKUT 90 (ACC)  

These cases are about how equal pay settlements made to local authority part time workers are to be treated for benefit purposes, whether they are to be treated as income or capital, and whether they are to be attributed to past or future periods.

This case is about what “sheltered” accommodation means for the purposes of the housing benefit regulations.

In March 2011, CPAG brought a legal challenge of two of the cuts to Housing Benefit for private sector tenants due to come into force in full on 1st April 2011.

The issues in this case are as follows:

1. Whether Article 10a EC Regulation 1408/71 means that an EU national who is habitually resident in the UK has a right to receive special non-contributory benefits

2. Whether an EU national who is unable to work due to his/her partner’s illness retains a right of residence

Between March 2006 and February 2007 the Department for Work and Pensions (DWP) wrote to over 65,000 claimants telling them it could take them to court under common law if they did not pay back overpayments of benefit. The letters say the money was paid due to DWP error and/or is not recoverable under social security law.