DMBM555620 – Tax Credits overpayments: Mental Health cases: Evidence required

The Disability and Discrimination Act 1995 defines a person with a disability as someone with a ‘physical or mental impairment which has a long-term adverse affect on his/her ability to carry out normal day to day activities’. This definition should be used when considering the effect of the mental health problem on the claimant’s ability to repay.

The evidence should include the nature of the illness and as far as possible, whether the illness is likely to be long-term (for example schizophrenia) or where the prospects for recovery are expected to be good (such as depression).

If the initial approach is a letter from the third party explaining the mental health problem, or includes such a letter from the claimant or third party, treat this as evidence obtained, see DMBM555630.

If the required evidence is not initially available, you should write to the claimant or third party asking for documentary evidence about the nature of the illness and its prognosis (likely outcome) from the claimant’s

• community psychiatric nurse
• general practitioner (Note: some GP’s charge a small fee for this service)
• psychiatrist
• mental health social worker
• other healthcare professional.