Overpayment of Operational Allowance 13 July 2009 at 6:14PM in UK armed forces MoneySaving 7 replies 3K views

ZMS_2

Hi all

My partner was paid an Operational Allowance whilst serving in Afghanistan in 2007 and in March 2009 the Service Personnel & Veterans Agency contacted him requesting that he repay just over £2,500 that they had paid him by mistake. As I work in the Employment Law field I have been corresponding with them on his behalf.

They informed the soldiers of the payment via a noticeboard in Afghan and didn't tell them how much they'd receive. We now know that he was in fact paid twice, and despite the error, they still provided pay statements entitling him to believe that the money was his.

He had no contact about the error until this year and he has since left the Army. I have been using estoppel, change of position and good faith as defence so far but I'd be grateful if anyone has any experience of this and could offer any further help.

I am planning to write to our MP and to use whatever appeals process the Service Personnel & Veterans Agy have.

Thanks in advance.

Zoe

laurax_2

As far as I'm aware any mistakes after 6 months involving any sort of money, finance etc will be exempt.

But I know the Army are complete numpties, quick enough to take the money you owe them (even if it means u cant support your family for the month, which is what they've done to us this month!!) but as soon as they owe u something they take their time.

Hubby got overpaid twice in Arizona, £1000 a time. So they gave them the choice they can pay it all back in one month (not that any of them get paid £2000 a month) or pay it back £100 per month. But because they've forwarned them they have to pay it back.

Its just got me thinking though.. that £2000 has been taxed, but theyre getting back £2000 so theoreticly were missing out on 20% of that, or however much its taxable!!

ZMS_2

Hi

Sounds like you've been through it! Thanks for the reply.

As far as I am aware, they are able to start the recovery process if they find the mistake within 6 years - under Govt. rules.

Tom was given the opportunity to pay in installments but that's only since they've found the error so clearly he's not keen to pay for their mistake. It also seems that they didn't care until we hit a recession and he'd left their employ!

Such a shame they get treated like this after all they give to the country!

Zoe

Trying_to_be_good

laurax wrote: »

Its just got me thinking though.. that £2000 has been taxed, but theyre getting back £2000 so theoreticly were missing out on 20% of that, or however much its taxable!!

I thought that when I had a reclaim from my pay, but it should be deducted from his gross pay (i.e. before tax is worked out) so it all works out correct in the end.

On the Operational Allowance, I know the amounts were published, but as it was pushed through quite quickly I don't know when the details were out. I have sympathy with your situation, but also believe SPVA need to be paying the right amounts to the right people (at the right time). I'm sure others will be in the same position, as it rarely happens to just one - is there a Regimental Assoc he could ask?

Alias_Omega

Welcome to the forum,

You might me better asking this question in other parts of the forum, in my eyes its a benefit that has been paid, and now they want to recover it. Just because its SPVA does not mean its limited to this part of the forum.

I cannot see how they could force you to pay it back if you are no longer in the forces, they dont control your pay anymore but i could imagine it being along the lines of CCJ if they did try to recover it.

I'll take a look around and try to find a better place for the thread.

Regards,

Alias

ZMS_2

Hi

Thanks for the replies. I have put this on the one of the employment forums too as overpayments of wages is clearly an employment matter. However, I do realise that Armed Forces are not covered by most employment legislation (I work for Acas).

I certainly do not believe that my partner should pay it back and we have already begun arguing why - Estoppel various other legal arguments. What I would be interested in finding out from this forum is whether, anyone else in the Forces has been in this particular situation and what the outcome was.

I think we're in for a long argument either way, and I won't be giving up!

Zoe

jacko972

Hi Zoe,

After leaving last year I have had 2 previous letters saying that i have been overpaid £1542 whilst in Afghanistan in 2007. I haven't done anything about it yet as i just haven't got round to sorting out someone else's mistake. I have today received a letter stating that unless i contact them in the next 14 days then my pension will be stopped. Just something to be aware of that they still seem to have a hold on you even after you've left. Would be interested in knowing if they could be stalled by FOI requests.

Andy

Trying_to_be_good

I don't think an FOI would stall them, but a question asking how many people have been overpaid the operational allowance (and whatever your allowance was, jacko, if it wasn't the op allowance), the average amount of the overpayment and the follow up action taken might prove interesting, and highlight the issue to senior management if they're not already aware - FOI requests are normally signed off at quite a senior level.