Mr A was overpaid income support of £53,000 for failing to declare capital above the prescribed limit held in a bank account in his sole. Mr A was separately charged with 2 offences of dishonestly making a false representation for the purposes of obtaining income support and a third charge of obtaining money transfers by deception.
The overpayment was appealed and succeeded on the basis that the department for work and pensions had failed to apply the diminishing notional capital rule. The overpayment was accordingly reduced to £13,000.