Relevant date when SDP should end??

Client has overpayment of SDP as partner moved in on 26/02/2015.

Original overpayment decision started from 26/02/2015 (date she moved in)

Client sought MR re certain issues.

Decision now is that overpayment started from 20/02/2015 as this was “the beginning of the benefit week affected by change”

Is this correct decision???

Which benefit?

Sorry Brian. ESA(ir)

Was getting SDP and wife moved in on 26/02/2015.  DWP uncover this in 2019 and make overpayment charge from 26/02/2015.
Now say the relevant date is 20/02/2015 .....start of benefit week (a Friday????).
Typical case of client saying I told you at time and DWP saying you never.

Funnily enough the DWP now saying they DO have record of him telling them in 2017 hence overpayment halved as unrecoverable from 2017 to 2019.

Yes ,they are right. The change takes effect from the first day of the benefit week in which it occurred (Schedule 3C to the Social Security and Child Support (Decisions and Appeals) Regulations 1999) - none of the exceptions apply (by the look of it)

Many Thanks. I had assumed that entitlement to SDP would stop only on the day criteria was not met.

How do they determine the first day of the benefit week??? Wife moved in on Thursday 26th Feb 2015.  Would the first day of benefit week not therefore be Monday 23rd Feb 2015. Why do they use Friday 20th??

It depends from case to case. Generally, the benefit week ending day was dictated by the final two numbers of the national insurance number. The benefit week ending day is generally the “pay day” as ESA(IR) is paid in arrears. I can only assume from your example that the ESA claimant was paid on a Thursday; that was their benefit week ending day; and so the benefit week commenced the previous Friday

Many thanks for your input Brian. Makes more sense now. Much appreciated.