Advice Urgently Needed - Overpayment of Jobseekers (Do I have any rights?)

healy

james2311 wrote: »

I checked my bank balance and worked with cash available. And spent accordingly. So like I said I spent some of it over Christmas.

So you knew there was extra money there but still spent it anyway?

dmg24

james2311 wrote: »

Could anyone offer assistance with the question in hand? When I say this to the Job Centre will I be given the chance to repay over time? Will this appear on my file? Will I be accused of fraud!!!!!

As long as you are willing to pay a reasonable amount each week, you will be allowed to pay in instalments.

james2311

dmg24 wrote: »

So what? Why does this mean you should not pay it back?

healy wrote: »

So you knew there was extra money there but still spent it anyway?

NO. I was saving for Christmas and was also paid in advance for Christmas work so I assumed this was the money.

Vader123

If we are talking about mistakes ie

acknowledge it's all well and good to blame them when it's their mistake but from my point of view I was upfront, honest and made them aware of my change of circumstance twice. I am now in a really worrying positon of trying to find money to pay my fees.

then you made a huge mistake not checking where the money came from and if you were entitled to it!

And yes you will be able to repay over time, though they will want back what you have not spent.

Vader

lil_lisa

"Jobcentre Plus has the right to recover any money paid to you which you're not entitled to. This is because of the way the direct payment system works. For example, you may give Jobcentre Plus information which means that you're entitled to less money but Jobcentre Plus may not be able to change the amount they've already sent out. If this happens Jobcentre Plus will contact you before they recover any money"

As you were working for less than 16 hours your JSA would not have stopped but your earnings would have been taken into account and your benefit recalculated based on those figures. When you declared the work was it just on your jobsearch log or did you have to fill out a separate form declaring the hours worked and provide payslips for that that time?

oldmotherreilly

The other aspect is whether you declared the work that you had completed in the previous fortnight each time you signed on. If you had completed the process properly, then you would have completed a form called a B7 each fortnight, giving day by day details of the hours you had worked and the pay you had received/were due to receive. If you have not completed these, then, when you have to attended to sign, you have signed a declaration to say that you have not undertaken any work in the time period listed. In this case, the money would be recoverable. If paying the money back would result in financial difficulty for yourself, then you may be able to arrange to pay the money back in installments-give the JCP/BDC a ring when you receive the letter detailing the overpayment.

[Deleted User]

james2311 wrote: »

Well like I said I only received my bank statement today. (No the monies did not appear on my mini statement.) I have spent some of it over Christmas and the rest I had thought was mine to pay my fees next week.

I'm not sure what signing on three times has to do with it. The money was paid into a bank account.

I acknowledge it's all well and good to blame them when it's their mistake but from my point of view I was upfront, honest and made them aware of my change of circumstance twice. I am now in a really worrying positon of trying to find money to pay my fees.

there is such a thing as administrive error,however i think this would be negated by the fact that you received not just one but a number of payments,i personally cant believe that the money wouldnt have shown up on a mini statement,and i always thought most people got monthly not 6 weekly bank statements,i get mine weekly.All in all i suggest you be prepared to pay back the money asap

dookar

I've skipped a few replies, I will go back and read them but I need to comment.

The onus is on a claimant to report any change in circumstances that they could reasonably believe would affect their entitlement to benefit. They must report this change to the secretary of state for work and pensions, she has delegated this to her employment officers. Claimants cannot and should not be expected to be experts on social security legislation, they must merely do that which is required of them - in this case the required action is to report a change of circumstances. It is then the responsibility of the secretary of state to 1) determine whether the change is a relevant change 2) decide in what way the change affects entitlement 3) take whatever action is needed

The OP has done exactly what is required of him/her, the OP is not an expert on said legislation and it could be argued that the OP acted in good faith

dookar

Okay, I've read all the replies and providing the OP declared his work/wages, I believe he has no need to worry

Emote

In all honesty it depends on whom you speak to. If you get the person who's actually doing their job everything should sort itself out with a bit of effort from both sides.

If you get the "just from University and everyone should work" bouncy kid or the "I just hate you and you smiled that was wrong" mid-late 50's one, you're going to get the horror story and the paperwork you submitted will have vanished.

Best advice I can give is, keep the cash in your bank account and don't spend it. In fact build it back up to the full amount owed and leave it sat there earning some token amount of interest until the DWP finally figure out they've got it wrong and come knocking.

You told them. They couldn't be bothered. No reason for you to now run around like the blue arsed fly fixing something that is neither your problem or mistake.