Overpayment claim overturned
Ms A was interviewed in relation to an allegation that she had income and capital she had failed to declare when claiming ESA and Housing Benefit. It was alleged that she had worked while claiming and that she owned a property that she was receiving rental income from. In interview she said that she did not realise she had to declare it as it was in negative equity and so arguably no “profit” was being made. She gave no details about rent from tenants. She stated that she had declared all paid work.
Ms A received two overpayment demands, one in relation to the undeclared work and another in relation to the undeclared capital. The DWP were not able to calculate any overpayment on the basis of the rental income as they had no figures to use.
Laura O’Brien one of our benefits expert did this case
Moss & Co were instructed us to represent her in relation to an appeal against the overpayment claim due and we submitted detailed submissions on her behalf. The appeal was upheld and the Tribunal found that the client had not failed to declare any earnings. To conclude matters our client was offered an administrative penalty in respect of the undeclared capital and will not be facing any proceedings.