[2024] UKUT 228 (AAC)

On 22 December 2015, the Appellant made a claim for Carer’s Allowance (“CA”) from 12 October 2015 because she cared for a severely disabled person for at least 35 hours per week. On 23 January 2016 she was awarded entitlement to CA from 12 October 2015.

On 12 December 2019, the Secretary of State, having reviewed earnings details from HMRC, noted that the Appellant had in February 2016 started work at [GP]. She was paid monthly, during term time, on a variable basis. It was the Secretary of State’s case that she had failed to notify the DWP about this change in her circumstances and consequently had been overpaid CA. The Appellant’s evidence was that she had informed the Secretary of State, by letter on 30 January 2016, stating she would be commencing part-time term-time work and had provided her payslips.

On 21 July 2021, the Secretary of State in a supersession decision, concluded that her entitlement to CA had been premised on a mistake of fact as to the extent of her earnings as between 11 April 2016 and 7 February 2021 and that she had been overpaid £4,953.90 which was recoverable from her.