alleged IB overpayment from 3 years ago!!!

olias

My wife has been on Incapacity benefit since 2001. During that time she has tried several times to return to some sort of work through the 'permitted work' system. This has always been done with the knowledge and support of the relevant jobcentre staff (not sure what their title is, something like disability support coordinator). During these periods, she has never worked more than the 16 hours pw permitted, nor more than the 12 months in total permitted. Due to her not being able to cope, she gave it up and has not worked at all since about Sept 2007.

Today she recieved a letter from the DWP alleging an overpayment of nearly £800 dating from Nov/Dec 2006! There is no explanation of how this is said to have occurred, nor why they have suddenly come up with this after 3 years, just a demand for payment.

Can they do this? Can they demand money after 3 years, with no explanation whatsoever or evidence to prove an overpayment.

Due to the time elapsed, my wife no longer has any payslips or paperwork relating to her permitted work around that time to prove she was working within the rules, and I know the person she worked for is no longer trading and has moved away. We no longer even live in the same part of the country.

Anyone have any advice before we contact DWP?

Olias

fluffybunnies

I don't actullay know the law on any of this...just to point that out, but i think it's perfectly reasonable to expect an explaination of how the over-payment occurred (e.g. they think she was earning too much or whatever).

Also, and i don't mean this as a criticism, but i thought one was supposed to keep payslips and P60/P45 forms etc for a minimum of 7 years, although i could be wrong.

I owuld think you should be able to set up a payment plan, so to speak, if this is legit and has to be paid so you pay back a certain amount each week/month rather than having to pay the whole lot at once.

Good Luck and take care.

red_devil

olias wrote: »

My wife has been on Incapacity benefit since 2001. During that time she has tried several times to return to some sort of work through the 'permitted work' system. This has always been done with the knowledge and support of the relevant jobcentre staff (not sure what their title is, something like disability support coordinator). During these periods, she has never worked more than the 16 hours pw permitted, nor more than the 12 months in total permitted. Due to her not being able to cope, she gave it up and has not worked at all since about Sept 2007.

Today she recieved a letter from the DWP alleging an overpayment of nearly £800 dating from Nov/Dec 2006! There is no explanation of how this is said to have occurred, nor why they have suddenly come up with this after 3 years, just a demand for payment.

Can they do this? Can they demand money after 3 years, with no explanation whatsoever or evidence to prove an overpayment.

Due to the time elapsed, my wife no longer has any payslips or paperwork relating to her permitted work around that time to prove she was working within the rules, and I know the person she worked for is no longer trading and has moved away. We no longer even live in the same part of the country.

Anyone have any advice before we contact DWP?

Olias

yes get an explanation and you may get a chance to appeal if if you think its wrong.

olias

UPDATE:

Still no evidence of how they claim this overpayment occurred and DWP have now started taking a third of my wifes benefits every week to pay (thats £35 pw or £140 pm!!!!!!!!!). We are appealing, as I know that they are wrong, however who knows how long that process takes.

I am just so angry with these government departments. Since my wife had to give up work we have had problem after problem including the following:

IB suspended for more than 6 months as it was claimed she was not eligable - we took that to an appeal and won (the appeal chairman put it on record that the DWP's descision was ridiculous and it was obvious to anyone with any sense that she was entitled)

Tax Credits alleged a £300 overpayment and threatened court to get it back. I appealed and they admitted they were wrong and actually owed us £2000 that they had failed to pay and that we were entitled to.

Each problem we have had has led to serious financial difficulties, stress, a huge amount of time gathering evidence, not to mention the serious effect they have had on my wife who has serious mental health problems. G0d knows how she would have coped if I had not been there to help sort the problems out! And now this........

Olias

daska

If you've requested details of the alleged overpayment and these haven't been received I would suggest that you get your MP involved. Are you on a low income or do you have children? If so stress this.

BTW 3 years is nothing, they tried to claim back a benefit my husband had no memory of ever claiming from 10 years ago. Result from MP was that they cancelled the debt, in theory because they hadn't responded to requests for details.

munchings-n-crunchings

As suggested, get some help in trying to resolve this.
You could try Welfare Rights, part of your county council. They provide a free service, and benefits are their speciality.


The debt, when related to benefits, is not statute barred, which means it's not subject to any time limit.
If they pursue you within 6 years, then they can take court proceedings for recovery. After 6 years, then the court option is no longer available, but should you need to claim any benefits, then the debt will become recoverable.

Keep a record of your phone calls, and requests.
Make an appointment with Welfare Rights, or your MP. If you have the dates of the other issues, and when they occurred. it will be useful the highlight the errors, as there may be a connection somewhere down the line.

Regards
Munchie

NASA_2

You are entitled to an explanation of the decision at the very least - it may be that they are correct and an overpayment has occurred - if they are wrong then you are entitled to expect any money they have 'recovered' to be paid back.

ChishyChoshy

You can only do the higher limit of Permitted work for 52 weeks then you must wait a further 52 weeks before doing it again. Supported Permitted work (with constant supervision) doesn't have this limit and neither does Permitted work lower limit (but earnings are capped at £20 a week)

Your post doesn't mention what hours/how long she worked so this is just a general idea.

bilbocat

Hi

With overpayments you usually receive two decisions. One from the local JCP saying that IB has been paid in error for a certain period and that they will look at it and decide if it is recoverable and then an actual overpayment letter usually from debt management centre. You should appeal both decisions. While you are appealling they shouldn't be recovering the alleged overpayment. You can send in basic appeal letters saying you are appealling the decision as the DWP have not proven a recoverable overpayment has occurred and request that they stop recovery until the appeal is heard. You should appeal within 28 days if you are outwith this time put in an explanation why it is late. From your posts I would say it was late as you were waiting on their explanation however it hasnt been received.

I would advise you go to local CAB or Welfare Rights as there are lots of technical arguments with overpayments.

In my experience O/p appeals (for Glasgow area) can take months if not years to be heard. I would just ensure they have received the appeal letters and stopped recovery then leave well alone.


Hope this helps.