Social fund loan

gizmo111

richard9991 wrote: »

social fund loans are not covered by cca s they are dwp payments and always have to be repaid this the law

Statute Barred is nothing to do with CCA

cifpower

Crown debts cannot be statute barred and as such can be recovered at any time

fatbelly

cifpower wrote: »

Crown debts cannot be statute barred

From National Debtline factsheet

Factsheet | Liability for Debts and the Limitation Act

The Department for Work and Pensions (DWP) has six years to take action through the courts to recover benefit overpayments and social fund loans. This time starts running from the date of the final decision made on the overpayment and from when the social fund loan was due to be paid. But the DWP are still allowed to make deductions from your benefit for a debt over six years old as they don't need to go to court to do this. This applies to overpayments of benefit such as Income Support, Jobseeker's Allowance, Pension Credit, Housing Benefit, Council Tax Benefit and paying back social fund loans.

never-in-doubt

andrew_b wrote: »

I didn't know where to post this question, but as it's a loan I posted here. Please move it if it's in the wrong place.

In November 2003 I received a social fund loan from the DWP for £80. I believed that it was to be deducted from my benifits while I was unemployed.

Today (12/3/2009) I received a demand from them for repayment of this money. Is this correct or is there a date limit outside of 5 years when I would not be liable?

You're talking the 6yr statute barred, but this is from last acknowledgement of debt not the date you had it from.

Also, the social is not like a mainstream lender, they can and will pursue it after 6 years. What other people are saying is half true. When you sign a benefit form it immediately excludes you from certain rights and one of those rights is to statute bar any DWP funds. It simply cannot and will not be written off.

It was a social loan, part of the agreement was that you'd pay it out of benefit and when you got a job, you'd continue the payments as pre advised. If you cease to repay we will seek to recover the funds however we deem necessary, including by way of payment orders against you.

In a nutshell they can and will take you to court for benefit fraud, not theft, not loan fiddling but benefit fraud which is what it is.

This was not a loan, it was help from the taxpayer. Also, it never ever drops off GSI - it will stay there with your NINO for as long as you stay alive and the moment you become active again on the DWP systems (whether sick/unemployed etc) they will take the funds back.....

Exclusions: WTC, FTC, CHB, CSA & DLA - #26 (they cannot take funds to repay out of these benefits)

richard9991

never-in-doubt wrote: »

You're talking the 6yr statute barred, but this is from last acknowledgement of debt not the date you had it from.

Also, the social is not like a mainstream lender, they can and will pursue it after 6 years. What other people are saying is half true. When you sign a benefit form it immediately excludes you from certain rights and one of those rights is to statute bar any DWP funds. It simply cannot and will not be written off.

It was a social loan, part of the agreement was that you'd pay it out of benefit and when you got a job, you'd continue the payments as pre advised. If you cease to repay we will seek to recover the funds however we deem necessary, including by way of payment orders against you.

In a nutshell they can and will take you to court for benefit fraud, not theft, not loan fiddling but benefit fraud which is what it is.

This was not a loan, it was help from the taxpayer. Also, it never ever drops off GSI - it will stay there with your NINO for as long as you stay alive and the moment you become active again on the DWP systems (whether sick/unemployed etc) they will take the funds back.....

Exclusions: WTC, FTC, CHB, CSA (they cannot take funds to repay out of these benefits)

also they cant deduct from dla

never-in-doubt

richard9991 wrote: »

also they cant deduct from dla

well spotted!

I'll edit post :j

scooby1001

Maybe the op has already paid the money to the dwp out of their benifits. I have found myself that i keep paying over and over again for the same amount of money. I am getting annoyed with them now and keeping better records so that i can show them the next time they try to get the same amount again. It is not much £25 but i have paid that 3 times now. I ring them up and they say ok it is all paid now and when i apply for another loan the £25 appears outstanding again. Maybe the op has had the same thing happen.

andrew_b_5

I just paid them, made them happy, made me happy. I scanned the receipt and squirreled it away on the internet forever in case they ever come back at me.

dawnie1972

I've recently had a letter from DWP too - apparently i had a social loan in the year 2000 from a job centre in Norwich. Firstly i was working abroad in 2000 and secondly have never ever lived in Norwich - I am contesting this now but they have advised that if i refuse to pay they will deduct it from my salary!!!

kilasuit

They are really bad for not deducting Social fund loans from benefits.

tbh i think in the last year alone i had about £300 in crisis loans that were meant to come out of JSA (that i was claimin at the time) but never once did.

I KNOW i HAVE to pay these back but i'm not goin to take responsibility for them not takeing X amount per week out of my benefit because thats their responability.

If i was to geet a letter from DWP i would set out for making an agreement to pay them back even thou atm i'm just about break even.

To Dawnie1972 phone them up and speak to someone and ask them to verify that it is definatly your NI number that has been used to attain this social fund payment and ask for it in writing. Thats all i can suggest