Benefit overpayment and BR....PANIC!

Doomboy

Hi guys....im sure this has been asked before but I just got a bombshell in the post today saying I have been overpayed £670 quid!!!. I cant beleive it!!!...I dont see how this could have happened. When I filled in the benefits form I put everything down and didnt keep anything from them!
My wife and I went BR in July this year and this overpayment is from Febuary till August this year....will my BR cover this?
sorry if this has been asked before...Im REALLY SCARED!!!!

elaine77

Hi Doomboy. My understanding of this would be that any overpayment before July would be include in your bankruptcy but you will probably be liable for any after the date of bankruptcy. Sorry xxx

elaine77

I think though you can appeal against an overpayment if you are sure they had all the facts before the award was granted, might be worth popping in to your local CAB and see if they can help with an appeal.
xxx

fermi

If the benefit agency made the decision that you had been overpaid and that it could be recovered after your BR date, then you can't include it in the BR. Even though the overpayment may have taken place before.

http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/part6.htm

MicheH

It's not the very end of the world with an over payment. We were over paid last year, we don't have to pay any money back but our award was shaved over the months to pay it back therefore never having to pay a debt, just losing a little bit to live on.

If you're sure every thing is correct you should fight it you know, that department are known for mistakes I'm sure.

Doomboy

thanks guys...Im gonna get cab on it soon methinks

Doomboy

it was my wifes incapacity benefit which was cancelled in august...I put her incapacity on the original forms when I claimed JSA WAY BACK IN JAN...so now it looks like im gonna have to pay for their oversight...AH MAN...it just seems like a constant fight to stay above water

elaine77

oh Thats a shame, although I would still go to see the CAB and see if you can appeal, afterall as you say they had all the correct facts in Jan. At the very least they may be able to help you negogiate a suitable payment plan if the overpayment cant be appealed.
Good luck and let us know how you get on.
xxx