Help appreciated with DSS wanting money back !!!!

reliable65

Right here goes Im a nervous wreck after getting a letter from DSS saying we owe money from the last 5 years
I am on Incapacity benefit and Disability allowance due to me having 5 hip replacements in the right leg and to be honest it hasn’t been a success . I have also spodyilitus in my spine etc
The trouble all stems from 2006 to now . The wife works part time as a dinner lady and was alway earning below the threshold so that i could still claim the £45 a week for her on my incapacity benefit. Now it turns out that she has earned over this threshold in 24 of the last 48 months. The amounts are only £2 and £3 over the threshold and we didn’t know because every year we send her wage slips off with all forms that need filling in. As we always sent off wage slips etc and always been truthful we assumed everything was ok

****My wife informed them (and the job centre ) in September 2008 that she was doing 2 hours extra as a teaching assistant and both said dont worry will not affect any benefits. Said it was because she was only already doing 2 hrs a day in the kitchen - 5 days a week

In September 2009 the wife was asked to do a day a week as a classroom assistant and she rang up the DSS and told them . They then reduced my benefit by knocking off £45 a week.
Then the bombshell this morning saying we have to pay back 24 months @£45 a week meaning over 4 grand oh my god !!!!
We are financially struggling now and have no savings whatsoever and im scared we may have to sell the house
Are the DSS in the wrong here? We accept that the wife has strayed over the threshold by a few pounds etc but as in sep 09 we have always told them of any changes
Another thing i was thinking as well is that if we would have known and not been paid the £45 each week the surely the child tax credits would have been more and covered this so basically we have been screwed twice

Please help with any advice as i fear i am gonna have a nervous breakdown and don’t know where to turn

Thank you very much

Vader123

Did the letter explain why the overpayment happened given that she rang in Sep09 to explain the increase?

If the DSS can prove you never informed them of circumstance changes, you will have to pay it back, though you can ask for this to be in installments if it courses hardship.

You could appeal though (or get help from your MP) if you feel its incorrect, but if its over, even by a few pounds, you will have a fight.


Vader

Indie_Kid

Do you have proof that you informed them to avoid the overpayment?

omen666

Vader123 wrote: »

Did the letter explain why the overpayment happened given that she rang in Sep09 to explain the increase?

If the DSS can prove you never informed them of circumstance changes, you will have to pay it back, though you can ask for this to be in installments if it courses hardship.

You could appeal though (or get help from your MP) if you feel its incorrect, but if its over, even by a few pounds, you will have a fight.


Vader

Can this not be written off if they made a mistake Vader? Thought there was some law for it?

cabbage

Hi

Sorry, I don't have specific advice but I think you should go to CAB or your local authority Welfare Right service to challenge this decision. You need someone impartial on your side to a) find out if DWP are correct, b) establish if the calculations are right and if so c) calculate a relatively pain free way to pay it back if its necessary. It may be the case this overpayment is not recoverable.

The letter you received should give some information about appealing the decision. Its important you do so within the timescale specified. Even if its a letter simply saying you wish to appeal and that you are obtaining specialist advice and will forward supporting documentation later.

You might also need a benefit check to ensure you are getting everything you are entitled to.

reliable65

sh1305 wrote: »

Do you have proof that you informed them to avoid the overpayment?

We have proof that we informed them in Sept 2009 which resulted in the benefit being stopped


My wife informed them (and the job centre ) in Sept 2008 that she was doing 2 hours extra as a teaching assistant and both said dont worry will not affect any benefits. Said it was because she was only already doing 2 hrs a day in the kitchen - 5 days a week. We havent got any letters proving this etc

This is why I am so upset as we have always informed the DSS of any changes etc

karenx

If you have no proof then it will be hard trying to appeal about this.

Vader123

omen666 wrote: »

Can this not be written off if they made a mistake Vader? Thought there was some law for it?

There is a "understanding" that if its the DSS mistake, you don't have to pay it back. But you have to prove it and get help. (My bold).

I remember your post from the "beat my quote" thread, you paid 5K for a holiday 3 weeks ago.

Ironically less than the alledged arrears.

You might have to defend that at some point, to someone.

Vader

tr82

If you've got no proof you told DWP at the time ... and DWP don't have any evidence from that time period ... you're really on a sticky wicket. Because they've got you on "failure to disclose" and that means the overpayment is recoverable.

You could appeal and say that OH phoned them or called into the Job Centre to tell them (whatever happened at the time) but unless there's at least some kind of supporting evidence I don't think you'll get far with an appeal, unfortunately.

Although ... a call handler or other staff member may have gone into your records when you called up or dropped in. That trail might still be there on your computer records, they might be able to see someone logging into your records at the time you say you disclosed the information. Which might kinda back up your story if you can remember who you spoke to.

Doesn't look too good, OP, unfortunately.

[Deleted User]

Vader123 wrote: »

There is a "understanding" that if its the DSS mistake, you don't have to pay it back. But you have to prove it and get help. (My bold).

I remember your post from the "beat my quote" thread, you paid 5K for a holiday 3 weeks ago.

Ironically less than the alledged arrears.

You might have to defend that at some point, to someone.

Vader

well spotted:jthe truth will always out

ukmarine1

5000 on a holiday bet you were incapacitated for that one