Benefit Advice

[hannah40]

My client has been paid back pay of £40.000 for a severe disabled enhancement that client should have had 10 years ago.
My client is in a residential home but not severely disabled but lives in care.
They have also upped my clients weekly allowance by £200 a fortnight.
Now from what I have been told to qualify for this benefit you would live in shared house and have support going in or live alone as this money pays for support.
I have explained all this to DWP and they insist it is my clients money by rights and they said even if it is made in error my client can keep it as it’s an error not a false claim.
We are now looking into flats for my client so they can live independently with partner.

Just concerned this is not correct and do DWP have a right to take money back?

[bednobs]

i would just get it in writing.
were they in the correct situation 10 years ago when it was applied for?
I would guess if they had have been paid it at the correct time they could have lived outside of a care home?

[Buenchico]

While I feel sure that the DWP has the legal right to demand an excess payment back, what you've been told appears to be consistent with this sentence on the Citizens Advice website:
"Sometimes they won’t ask you to pay them back if they know the overpayment was their fault"
https://www.citizensadvice.org.uk/benefits/help-if-on-a-low-income/income-support/income-support-appeals/if-the-dwp-says-youve-had-an-income-support-overpayment/
(That relates to Income Support be it would seem reasonable to assume that a similar policy operates for other benefit overpayments too).

If you've only been given the information verbally though, I'd definitely advise asking for it to be provided in writing as well.

[hannah40]

Well from what they say the claim made 10 years ago said he was living in a shared house and he is still living in a shared house but it is a residential home .
So I’m guessing and it’s only a guess that who ever filled in form with him filled it in slightly wrong.
And said it’s a shared house not mentioned that’s it’s a residential home.
But adviser said it’s his by rights or by error.
I’ve asked for a benefit review and they said we don’t need to as the claims right.
Just think it’s tax payers money and doesn’t seem right.