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Overpayment of jobseeker's allowance, do you legally have to return it?

Departments for Works and Pensions have been sending me letters regarding £38.50 that I allegedly owe them because they over-paid me when I was claiming jobseekers allowance. I have replied once informing them of my situation (see below) though they state they are unable to suspend payment while I am at university.

I have no objection to paying money back that I owe, but I currently started full-time study for a PhD in Sept 2009 (self-funded, commuting from home) and I do not have an income nor the time to get a part-time job. Since I am supported by my mother who is a single-parent with another son at university to support on a nurse's salary and that I have £15,000 of debt from a student loan incurred during undergraduate studies, I have the following question:

1) do I legally have to pay this money back while in full-time education?

Any thoughts would greatly be appreciated!
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Comments

  • Vader123
    Vader123 Posts: 1,104 Forumite
    1,000 Posts Combo Breaker
    1) do I legally have to pay this money back while in full-time education?

    Yes.

    Vader
  • dookar
    dookar Posts: 1,654 Forumite
    Depends on the cause of the overpayment
  • System
    System Posts: 178,377 Community Admin
    10,000 Posts Photogenic Name Dropper
    You'd probably be able to set-up a payment plan, so won't have to pay it all pay at once. And being a student now doesn't mean you won't have to pay it back. A friend is having to pay back £600+ of HB they've decided he wasn't entitled to, despite the fact he's in his final year of uni and only works part time.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Vader123
    Vader123 Posts: 1,104 Forumite
    1,000 Posts Combo Breaker
    I don't think the OP denies he owes the money (from his original post).

    His question is around the status of being a student and whether it gets him off the hook (it does not).

    Vader
  • DaisyFlower
    DaisyFlower Posts: 2,677 Forumite
    I think the OP needs a dose of reality if they believe being a student means not having to pay monies owed.

    The fact that he/she still expects mum to support them so they can do a phd shows they are out of touch with reality.
  • Kimitatsu
    Kimitatsu Posts: 3,886 Forumite
    1,000 Posts Combo Breaker
    Farny77 wrote: »
    Departments for Works and Pensions have been sending me letters regarding £38.50 that I allegedly owe them because they over-paid me when I was claiming jobseekers allowance. I have replied once informing them of my situation (see below) though they state they are unable to suspend payment while I am at university.

    For £38.50 that you owe them, surely you could get a job working a bar over Christmas to pay this off - that way its all done?

    I have no objection to paying money back that I owe, but I currently started full-time study for a PhD in Sept 2009 (self-funded, commuting from home) and I do not have an income nor the time to get a part-time job. Since I am supported by my mother who is a single-parent with another son at university to support on a nurse's salary and that I have £15,000 of debt from a student loan incurred during undergraduate studies, I have the following question:

    1) do I legally have to pay this money back while in full-time education?

    Yes you do - you will be in receipt of a student loan and therefore will have to budget it from your living expenses

    Any thoughts would greatly be appreciated!

    I have to say that I am doing a self funded degree, manage to commute to work every day and study for both my degree and another qualification whilst bringing up a family. As University will shortly finish for the Christmas break then I would recommend looking for some seasonal work to get this debt paid off and buy your mum a nice bunch of flowers to tell her you appreciate her.
    Free/impartial debt advice: Consumer Credit Counselling Service (CCCS) | National Debtline | Find your local CAB
  • Alcmene
    Alcmene Posts: 652 Forumite
    Part of the Furniture
    Kimitatsu wrote: »
    I have to say that I am doing a self funded degree, manage to commute to work every day and study for both my degree and another qualification whilst bringing up a family. As University will shortly finish for the Christmas break then I would recommend looking for some seasonal work to get this debt paid off and buy your mum a nice bunch of flowers to tell her you appreciate her.
    PhD students do not keep to University term times. I don't know a single PhD student who has not worked on their research during the holidays!
  • Kimitatsu
    Kimitatsu Posts: 3,886 Forumite
    1,000 Posts Combo Breaker
    Even so I find it difficult to believe that for the sum of £38.50 you could not take time out to find work to pay it off :confused:

    So far it seems that the OP has gone from being a full time student to being on JSA to going back to doing a PhD, nothing wrong with that but many many students self fund their degrees, and as your mum is a single parent you would have had much of your fees paid for Uni, so all of your student loans are for living expenses.

    Have to say that I hope this is a wind up post - am sitting on my hands!
    Free/impartial debt advice: Consumer Credit Counselling Service (CCCS) | National Debtline | Find your local CAB
  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    You'd probably be able to set-up a payment plan, so won't have to pay it all pay at once.

    A payment plan for £38.50?
  • mrcow
    mrcow Posts: 15,170 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    If you are seriously that strapped that you can't pay them back £38 then ask you Mum (and anyone else) that instead of giving you anything for Christmas that she gives you the cash instead.

    It's what any other responsible adult would do if they found themselves in a position where they weren't going to work for an income.
    "One day I realised that when you are lying in your grave, it's no good saying, "I was too shy, too frightened."
    Because by then you've blown your chances. That's it."
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