Overpayment of childcare allowance

MISS123_2

I have worked for my current employer for 20 years. I received a childcare allowance from 2001 until 2009 to help towards nursery and then after-school club fees. In about May 2009 I informed them that my son was no longer receiving after-school childcare so I did not need the allowance any more. I do not have any paperwork for this agreement,
and do not remember being given any, and neither do the HR department. They are now saying that the benefit was only for pre-school children and that I have been overpaid and owe them nearly £3,000. In 2004 I went part-time and emailed the HR department telling them I wanted to change my hours and the reason why. They even reduced the amount of childcare allowance I was paid as my salary was reduced. I thought the allowance was for any type of childcare and was not aware that I was not eligible from 2004 onwards. Do I have to repay the money even though they were informed that my son had started school, and the responsibility for cancelling the benefit was theirs. They are saying the responsibility was mine, even though they adjusted the benefit pro-rata to my new reduced salary when I went part-time?

Thanks for any advice.

jdturk

I would say yes, you would have known you were getting more money than expected and thus they can ask it back. However you can offer a payment plan that suits you and as long as its not anything stupid such as £1 a month they will probably accept it

MISS123_2

But my point is that I didn't know I was getting more than I should have because I was initially told that it was for any type of childcare costs incurred while I was at work.

jdturk

ah ok sorry, well if you have this in writing you should be covered, if not you will I guess probably need to raise a grievance stating you were told this so a proper investigation can take place

MISS123_2

Thanks - I was not given any paperwork and HR have stated that they do not have any signed paperwork agreeing the payment of the childcare benefit so there's no proof either way. If I take up a grievance procedure is it something that could go to court?

jdturk

ask for the companies grievance procedure but the worst will happen is it may end up at an employment tribunal but thats normally the 4th stage plus

MISS123_2

Thanks - also, if it was paid at a rate of £50 per month, do you think it is reasonable to say that I can only pay it back at a rate of £20 per month?

jdturk

thats upto you to decide. If you provide a statements of affairs (incoming and outgoings) you can show what realistically you can pay back

mrcow

Don't start to think about or negotiate any pay back yet.

Raise an internal grievance stating your case and that you had no idea that there was ever any overpayment. Get them to investigate fully.

You may find as an outcome to the grievance that they won't pursue a claw back.

If they decide that they do want to, again, don't agree anything until you have spoken with ACAS and the CAB.

jdturk

mrcow wrote: »

Don't start to think about or negotiate any pay back yet.

Raise an internal grievance stating your case and that you had no idea that there was ever any overpayment. Get them to investigate fully.

You may find as an outcome to the grievance that they won't pursue a claw back.

If they decide that they do want to, again, don't agree anything until you have spoken with ACAS and the CAB.

very good advice (how did I forget telling the OP to talk to ACAS!!!!)

MISS123_2

Thanks for the advice. Although they have stated that there is no signed paperwork anywhere, they said in their letter: "As you received the childcare allowance, it is reasonable to assume that your were aware of the conditions which applied to the payment of the allowance". Is it just me, but I find that statement incredible.