Overpayment in benefits.

anmarj

Doodle_Bug wrote: »

- I have been at my current address for 6.5 years, prior to that I was at my previous address for 3.5 years, so I haven't exactly been on the run, or difficult to trace.

the address for people are taken from National Insurance contribution records and not tax, and due to data protection tax cannot tell NI and vice versa, so unless the Contributions agency know that you have moved then the DWP do not know where you live.

playitright

So is it safe to assume I should first follow Benefit Bods first suggestion, as the letters I have received from the DWP/Solicitors do not contain any information on my legal rights or how I can appeal.

Thank you guys for your speedy responses, they are very much appreciated.

Benefits_Bod

One of the tricky things about benefit overpayments is this. In principle, there is nothing to stop the DWP (or LA where appropriate) from making good an earlier failure to issue notifications - even years later. It is open to argument whether that "trumps" the Limitations Act.

Perhaps, at least with the initial response, stick very simply with point "1" (i.e. statute barred courtesy of the Limitations Act). If it is then pursued further, THEN add the additional points.

But, as suggested, try and obtain assistance.

healy

anmarj wrote: »

the address for people are taken from National Insurance contribution records and not tax, and due to data protection tax cannot tell NI and vice versa, so unless the Contributions agency know that you have moved then the DWP do not know where you live.

The contribution Agency ceased by name in the late 1990's.

It then became know as the National Insurance Office when it became part of the Inland Revenue (now HMRC). Therefore as they are part of the same organisation they will share information.

anmarj

healy wrote: »

The contribution Agency ceased by name in the late 1990's.

It then became know as the National Insurance Office when it became part of the Inland Revenue (now HMRC). Therefore as they are part of the same organisation they will share information.

I have it on good authority - they don't, I was under the same impression that if the tax knew then the conts knew but it does not work like that.

healy

anmarj wrote: »

I have it on good authority - they don't, I was under the same impression that if the tax knew then the conts knew but it does not work like that.

Surely they will have access to the same computers systems like NIRS2.

anmarj

healy wrote: »

Surely they will have access to the same computers systems like NIRS2.

not entirely sure on how they operate but it is nirs that send the address info over to the dwp when it comes to sending out forcasts and it amazing the amount of letters that come back from very old address and the comments are "i told the tax and they have written to us on several occasions" and we have spoken to nirs about this as well.

http://www.hmrc.gov.uk/nic/aboutus.htm

healy

anmarj wrote: »

not entirely sure on how they operate but it is nirs that send the address info over to the dwp when it comes to sending out forcasts and it amazing the amount of letters that come back from very old address and the comments are "i told the tax and they have written to us on several occasions" and we have spoken to nirs about this as well.

http://www.hmrc.gov.uk/nic/aboutus.htm

It sounds like the transfer to the Inland Revenue of the old Contributions Agency has been in name only - great progress over the last 10+ years!