reclaim of overpayment

dipsy

Hi can anyone please help

if someone say earns £2k pcm £1600 take home after rent etc and an overpayment has been paid on a resetlement course of say £900 would they take this all from one months salary?

reason I ask is that friends husband has just left her and is saying he wont be able to pay her any money for maintenance this month as been overpaid and the RAF will be calling for all the amount from his wages in one go.

This does not ring true with me... I thought, but maybe the rules have changed as I have been out of the forces for ages, they would take it back in installments and also they took more than a couple of weeks to adjust pay?

thanks in advance.

smith2001_2

Hi,

I am in the RAF and on the same pay system called JPA as the person you are talking about. I have been told many times that they can only take 3 days worth of pay from you in any 1 month HOWEVER i have also had first hand experience of this being totally ignored and happening to me, so if i was the person being told this i would believe it especially with our really crap pay system.

HTH

Dan

debvan1

Hi, we too had this problem hubby was over payed for 3 straight months even though we kept trying to put it right then they wanted the full sum in one fell swoop we had to scream and shout to have it done in installments. As we say slow to sort out money owed to us but bleeding quick to grab what is owed to them

Marker_2

I have heard of payment being taken in one swoop to, although dont have first hand experience.

Either or, her husband has an obligation to pay maintenance for his children, I suggest she contact his unit if he is unwillinging to pay anything and ask them directly why they are taking the full amount in one go when he has maintenance.

PS: Is this an agreed figure between them or the amount suggested by CSA? If the latter then she could contact CSA and his unit and have them take it directly from his pay into your account.

ICATQ

Ordinarily if he were serving then he should be given the option of paying it off in installments or in one go (although this tends to change from time to time).

As he has left, I understand that all debts, which this may be considered to be one, is recovered when you leave. A mate was overpaid to the tune of £10k and is paying it back 3 days pay a month, but will have to pay off the balance when he leaves as he doesnt have enough time left.

I would phone the pay office or HR to get written clarification of the regs as they do get changed from time to time

mrsfarnie

Hello. Now JPA is in force, the maximum of 3 days pay is no longer in force. They can and do take however much they feel, regardless of how it affects you and your family. Thanks to the raf and jpa we were £400 less last month and they should not of even taken the money as we were entitled to it. We are agon this month £150 short as they have not paid my husbands lssa.

dipsy

PS: Is this an agreed figure between them or the amount suggested by CSA? If the latter then she could contact CSA and his unit and have them take it directly from his pay into your account.[/QUOTE]


agreed figure at moment, he only left last Thursday and she contacted CSA on Monday

dipsy

As he has left, I understand that all debts, which this may be considered to be one, is recovered when you leave. A mate was overpaid to the tune of £10k and is paying it back 3 days pay a month, but will have to pay off the balance when he leaves as he doesnt have enough time left.

I would phone the pay office or HR to get written clarification of the regs as they do get changed from time to time[/QUOTE]

He is still serving, he has just been doing resettlement courses in the lead up to leaving next year.

Esoog

02.0603. No individual will have more than 50% of their net pay deducted in any pay period in respect of the items specified in 02.0405. The priority for the recovery of debt is detailed in Chapter 2 Section 4.
Recovery of Public Debt Not Exceeding 4 Days’ Gross Pay. Where the recovery of public debt does not breach the Minimum Drawing Rate (MDR) (seeChapter 2 Section 4) public debt of less than 4 days’ gross pay will be recovered in the current pay period, provided the individual is not already paying an existing public debt

Recovery of Public Debt Exceeding 4 Days’ Gross Pay. Where a public debt is greater than 4 days’ gross pay, even when this debt is made up of individual debts which when aggregated total more than 4 days’ gross pay, or the individual is already having a previous public debt recovered from pay, the individual will be notified by the JPAC that they have two pay periods within which they may appeal against the debt(s), or for them to volunteer to pay the debt(s) off at a rate greater than 4 days’ gross pay per month





There's all kinds of various rules regarding the MDR (minimum drawing rate) - its all in JSP 754which is available on the defence intranet. Your unit Admin (or whatever you crabs call them) should be able to explain it fuly to you (I don't want to paste mass parts of a JSP here..I might fall asleep for a start)

Just out of interest Smith2001, JPA is tri-service so all members of the Army/Crabs/Navy are on JPA.

dipsy

so does this mean they have to give him notice of intent to take the money and he has 2 months salary in which to pay them the money back?

thanks in advance

Andy_L

No, it means he would have had 2 months warning of the deduction & could have appealed to have it deducted at a monthly rate.

He may have done and it was denied, ISTR that if the overpayment is your fault (eg an incorrect T&S claim/advance) then you have to pay it back in one, if it was their fault and it wasn't an obvious overpayment (eg paying your salary twice) then you can pay it back in installments