If I were preparing an appeal on this I would run with clmt has failed to report the change, and as that means a contribution to any overpayment it doesn’t come within the official error exception.
BUT….there is always the question of whether the clmt knew the effect of DLA/PIP ending. Reg 88 is only engaged for changes that the clmt could reasonably realise might affect entitlement; if not, there is no duty to report the change. That’s quite a complex question, and it depends on things like what your decision notices etc say must be reported as well as whether the clmt understand disability premiums etc. Information sharing from DWP is a backup to reg 88 and most of the caselaw I’ve seen puts the onus back on the clmt. However it will also depend on time period, how many times the same mistake has been made or remade, etc, as well as the perennial classic ‘DWP said they’d tell the council’.
