DWP alleged overpayment.

ljaw2002uk

Hi, I am hoping for some advice. In December I received a demand from the DWP for over £700.00. This was for an alleged overpayment of benefits. This came as a huge surprise to me as I hadn't been in receipt of any benefits for many years. I called and spoke to the DWP and was told that the overpayment related to 2001. I asked for a breakdown of the amount and a calculation of the overpayment. I heard nothing until the other day, when I received a slightly more threatening version of the first letter. Again another phone call, to be told I would be sent copies of documents to substantiate their claim.

Can the DWP really demand money so many years after it was allegedly overpaid? What possible chance could I have of proving that it wasn't an overpayment! Even companies don't hold onto paperwork for that long, so why would I!

Can anyone clarify my postion? Is there any point in arguing with them? Or should I be resigned to the fact that I will have to pay this massive amount back.

Thanks for any advice you can offer.

[Deleted User]

if you owe it then regardless of the time span you will have tp pay it,they may except a weekly/monthly payment,or if you chose not to re-pay they will simply deduct it the next time you claim benefits

alwaysonthego_2

Though if it is older than 6 years [conditions apply] then they cannot take you to court to demand a payment, however as woodbine has said when you claim benefits in the future it will be deducted from your award as it is not written off. If you really do not think you owe it then send them a letter recorded delivery asking for details.

ljaw2002uk

A nice post-script to their letter states "What happens next: If we do not hear from you blah blah blah...a) Recovery through the courts b) Refering your case to a private company for collection. Is this just an empty threat? or a standard letter that doesnt take the six year rule you mentioned above into account?

[Deleted User]

I wouldnt assume it to be an empty threat,the DWP seem to have been very active in the last year chasing debts that once upon a time would have been written off,some going back far further than yours and for alot less in some cases.I would take always`s advice and write recorded delivery to them as the next step

leemack

Was the first letter you received a demand or an actual decision?

If the initial decision is within 13 months you can still make an appeal against it even if it is a late appeal.

If the dwp say the original decision was sent more than 13 months ago you won't have any right to appeal.

NASA_2

Its more than possible that they will sell it onto a third party but they have to be sure that it is an actual overpayment before they would do that.

Send a letter, recorded delivery, asking for details of the overpayment. If it was their fault then under no circumstances pay it back. If they have proof that it was your fault or that you innocently failed to declare something then think about paying it back over time.

It is more than possible they are chancing their hand.

unemployedJCP

You could try doing a request under the Data Protection Act 1998 although it is likely that they will draw an exemption to such paperwork.

They must provide the documents stating what the amount it relates to.

I have no experience with the DWP for this sort of thing - I would assume they would go via the court route rather than hiring a company (which is likely to be worse as they will be adding big costs on to it).

This is a strange case - they typically write off overpayments under around £800 that has been paid by DWP error (i.e. not you failing to notify them of a Change of Circumstances) after 5 years.

Don't forget you can always try and find past statements (yes long time ago!) to work out what the £700 relates to. It is rather surprising for you not to have noticed an overpayment at the time. I always thought that they had powers to obtain payment back automatically but it always seems they make demands.

zeke_and_pat

I too have been 'overpaid' although I had no idea that I was being overpaid, now the DWP want's me to pay back £800!
They are suggesting £10 weekly.
So, do I do without food or water or what?
Any suggestions would be helpful.

[Deleted User]

zeke_and_pat wrote: »

I too have been 'overpaid' although I had no idea that I was being overpaid, now the DWP want's me to pay back £800!
They are suggesting £10 weekly.
So, do I do without food or water or what?
Any suggestions would be helpful.

If you are still on benefits they would probably settle for less than £10 per week,if you are working I cant see what the probelm would be paying £10 per week?

fromthelodge

woodbine wrote: »

if you owe it then regardless of the time span you will have tp pay it,they may except a weekly/monthly payment,or if you chose not to re-pay they will simply deduct it the next time you claim benefits

The advice given is, with respect, incorrect.. The DWP have to provide the client with a valid decisions setting out the amount and why they believe there has been an alleged overpayment. They also have to provide the client with a “Certificate of Recoverability” (Google Social Security regulations (Certificate of Recoverability”)). The client can, once the Decision Maker has made a valid decision and provided a Certificate of Recoverability; refer the matter to appeal and to the Social Security Commissioners if the customer does not agree that they owe the money. What the DWP has no right to do (in law) is to take any payment until this has been dealt with, and should (in writing) inform the DWP office concerned they have no wish to pay any amount until the correct documents gave been provided, and appealed if necessary, and that they must stop taking any amount from the benefit until this matter is resolved.

In addition, the law as it was at the time of the alleged overpayment is important, as one may be able to argue it does not apply, but depending on this, and whether there was a proper decision made by a Decision Maker, and the circumstances a client could ask the DWP to waive any repayment (Google Social Security regulations “waiver”).

The DWP cannot just take any amount they wish without it being subject to a particular Social Security regulation. This would be unlawful, and the bottom line would be to contact the Citizens Advice Bureau, or more effective, if on benefit, complete a free small claims form at the county court, and sue then for the amount they have taken, plus any interest, out of pocket expenses, time, etc.

The normal response from the DWP legal department would be to that the Country Court has no jurisdiction, but can be appealed, so make sure that you request (in the small claims form) if it is not a matter for the Country Court, if the District Judge could direct the DWP to have the matter referred to their appeal procedure (especially as the DWP very often acts like dictators, and tries to ignore the request to have the matter heard at via the Social Security Appeal system.