PIP overpayment and DOLS

I have a client who was in receipt of PIP and got sectioned last November and is currently in a care home, which looks like a permanent arrangement.
He is classed as having no capacity, and DOLS (deprivation of liberty) has been applied as he is unable to self care

LA picked up the case in January, it was passed to another team who identified in April he hadn’t notified PIP of his new address and was still in receipt of the benefit.

Benefit stopped May , and overpayment generated from dec – may of 1200 quid

Its an obvious failure to disclose however the clients mental state in November was such that he wasn’t capable of disclosing anything to anyone due to being sectioned. At the time he had no appointees or anyone to help him, just sectioned and that was it.

Just fishing : is there anyone who has had this type of overpayment written off at DWPs discretion?

They rarely do but it has been known. Any supportive caselaw i can use?



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