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TOPIC: Repayments.

Repayments. 6 years 11 months ago #13834

Hi All,

I have been put into the work activity group of ESA. I have just got a letter from the DWP saying they had overpaid me Job seekers allowance, wait for it, ten years ago :P They now want to stop it out my ESA even although I knew nothing about it. Is there not a time limitation of recovering monies, any help appreciated because I cannot afford the £20.00 they are taking.

regards,

George.
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Re:Repayments. 6 years 11 months ago #13842

GEORGE GANNON wrote:
Hi All,

I have been put into the work activity group of ESA. I have just got a letter from the DWP saying they had overpaid me Job seekers allowance, wait for it, ten years ago :P They now want to stop it out my ESA even although I knew nothing about it. Is there not a time limitation of recovering monies, any help appreciated because I cannot afford the £20.00 they are taking.

regards,

George.


Hi George,

If you are not aware of the overpayment, I would ask the DWP to send you definite proof that the overpayment did occur and that it was yourself involved (mistakes have been known to happen!).

I do know that such as money owing to the DWP does not become 'Statute Barred' after six years unlike civil debts.

I would also seek help from a WRA/WRO with this who can go through the papers the DWP should send regarding the overpayment.

If ultimately you do owe them, I would try to negotiate down the weekly recovery by showing the hardship a £20 per week causes.

Regards

Pete
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Repayments. 6 years 11 months ago #13847

  • pata1
  • OFFLINE
  • Retired Nurse & Former Moderator.
GEORGE GANNON wrote:
Hi All,

I have been put into the work activity group of ESA. I have just got a letter from the DWP saying they had overpaid me Job seekers allowance, wait for it, ten years ago :P They now want to stop it out my ESA even although I knew nothing about it. Is there not a time limitation of recovering monies, any help appreciated because I cannot afford the £20.00 they are taking.

regards,

George.

Hi George,

As far as I know, if the overpayment is due to DWP 'official error' then it cannot be reclaimed.

If I'm wrong, then I'm sure one of our moderators with more experience than me can provide a more definitive answer.

Good luck :)

Pat
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Repayments. 6 years 11 months ago #13848

Hi Pat (Trust Jim is keeping well?)

I found this on the Action for Blind people website:-

AFBP


Social Security law
Under Social Security law an overpaid DWP benefit resulting from official error cannot be recovered. In recent years the DWP has not liked this bit of the law. From March 2006 to February 2007 they wrote to people saying that whilst they could not recover the overpayment under social security law, they could recover it through the courts if they did not pay it back. This brought suffering to many people who could not afford to pay, so Child Poverty Action Group took up their cause. The Court of Appeal (October 2009) agreed this was wrong, and ruled that the DWP cannot recover official error overpayments through the court. Thanks to Child Poverty Action Group you do not have to pay back a social security benefit overpayment that has been caused by official error.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Repayments. 6 years 11 months ago #13854

  • pata1
  • OFFLINE
  • Retired Nurse & Former Moderator.
Hi Gareth,

Thanks for the clarification.

Jim is still not very well. He was in hospital, but wasn't been looked after very well, so our GP arranged for him to be discharged and he's now got a Community Nurse visiting each day, plus I'm his main carer.

Hope you're not too bad yourself, and we wish you all the very best for Christmas and the New Year.

Kindest regards.

Pat
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Repayments. 6 years 11 months ago #13866

Hi George,

Do read the letter carefully. Does it say you must repay the money. Very often the DWP write saying they want you to repay the money but that you are not legally obliged to do so - as Gareth has explained.

If they are saying it is not official error and that you do have to repay then they must write to you telling you this and also informing you of your appeal rights. In this case, do make sure you appeal within the time limits. If the overpayment is 10 years old there is very good chance they no longer have the paperwork to actually prove the overpayment to the satisfaction of a tribunal.

Good luck,

Steve
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