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Over Payment
- merhaba
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3 years 1 month ago #267507 by merhaba
Over Payment was created by merhaba
I have recently discovered that the DWP have been over paying on my ESA for the last 2 months.I have now informed them. This is 100% the DWP fault/ mistake. Do i have to repay the overpayments?
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- Gary
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3 years 1 month ago #267520 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Over Payment
Hi merhaba
Your question is outside the remit of the forum.
I would advise you to seek help from your local Welfare Rights Organisation who can take in all the circumstances around the overpayment. You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
Under Universal Credit regulations over payments are recoverable even if it is DWP's fault, legacy benefit regulations are different, which is why you need to seek advice.
Gary
Your question is outside the remit of the forum.
I would advise you to seek help from your local Welfare Rights Organisation who can take in all the circumstances around the overpayment. You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
Under Universal Credit regulations over payments are recoverable even if it is DWP's fault, legacy benefit regulations are different, which is why you need to seek advice.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Angel
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3 years 1 month ago #267533 by Angel
Replied by Angel on topic Over Payment
Morning. If you are on the ‘old system’ you will not have to repay if the error is theirs (ie. You have given them the full information and they gave you the wrong payment/ They have not altered the payment once they received the new information).
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- LL26
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3 years 1 month ago #267552 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Over Payment
Hi merhaba,
Why did you notice the overpayment, and why didn't you notice sooner? Per Angel, yes its correct on old style ESA ( aka legacy benefit) that o/payment won't need to be repaid if DWP at fault. Its called 'official error'. Providing you have told DWP of all income, including that of any live in partner , all savings, or investments,mortgage amount if relevant and details of eg any lodgers etc. then this should be ok.
That said, are you sure it is an overpayment? You may have been awarded back pay or an increase because you had been underpaid!
Maybe ask DWP to send a full break down of your entitlement and what has recently been paid. If you are uncertain of entitlement you can consult an advice centre such as CAB.
Keep a note of all calls to DWP, include time and name,in case this becomes important. Do you have a copy of any form you may have filled in?
I asked at the beginning of this response why you noticed. Although it still may be official error, DWP could argue that you ought to have realised sooner. If you can prove official error and lack of knowledge then hopefully you shouldn't have to repay. However you may need to appeal if DWP don't accept this argument!
I hope this helps.
LL26
Why did you notice the overpayment, and why didn't you notice sooner? Per Angel, yes its correct on old style ESA ( aka legacy benefit) that o/payment won't need to be repaid if DWP at fault. Its called 'official error'. Providing you have told DWP of all income, including that of any live in partner , all savings, or investments,mortgage amount if relevant and details of eg any lodgers etc. then this should be ok.
That said, are you sure it is an overpayment? You may have been awarded back pay or an increase because you had been underpaid!
Maybe ask DWP to send a full break down of your entitlement and what has recently been paid. If you are uncertain of entitlement you can consult an advice centre such as CAB.
Keep a note of all calls to DWP, include time and name,in case this becomes important. Do you have a copy of any form you may have filled in?
I asked at the beginning of this response why you noticed. Although it still may be official error, DWP could argue that you ought to have realised sooner. If you can prove official error and lack of knowledge then hopefully you shouldn't have to repay. However you may need to appeal if DWP don't accept this argument!
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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