Changed their position
Has the client changed their position in the belief that they were entitled to the money and would not have to repay it?
It needs to be established that the client has made a different decision to that which they would otherwise have made based on the genuine belief that they were entitled to the payment they received.
The change in position may be subtle and therefore not immediately obvious.
When determining whether a change in position has occurred, the focus needs to be on actions and decisions beyond simply using the payment for daily living expenses.
Where the money from the payment is still in the client's bank account it generally cannot be said they have changed their position, unless for example, the client has entered into commitments on the basis of having that money.
Where the client has spent the money knowing that they were not entitled to it, we should take recovery action.
For information about the other criteria that must be met, see:
