Benefit Overpayment Question

jellybean191

We have received a letter from solicitors acting on behalf of the DWP asking for repayment of benefit (JSA not tax credits). When my partner queried this he was told that it was for a period 12 years ago!!

It's not a lot of money (less than £100) and we could afford to pay it, however, 12 years seems like a long time to wait to ask for the money back. We've been at this address for the past six or seven years so it's not like they have had trouble finding us, and we've been paying tax in this time.

Does anyone have any experience of this? What do you think we should do about it? Does anyone know about the law regarding this?

It seems obsurd to me to ask for it back after so long.

Thanks.

hjb123

I would speak to someone at the local Citizens Advice Bureau who should be able to tell you how far back they can go - though I suspect 12 years shouldnt be allowed! It is such a long period of time they should have realised before now!

jellybean191

DH is going to do that I just wondered if anyone would give me an idea sooner. You know what it's like getting to the CAB.

What would one do? Does anyone know what could happen if you refused to pay?

[Deleted User]

I seem to recall there is a statute of limitations of 6 years on benefit overpayment. Can't be certain though.

hjb123

You can appeal benefit decisions like that - check out this site - http://www.adviceguide.org.uk/index/life/benefits/problems_with_benefits_and_tax_credits.htm

singlehouseholder

Speak with welfare rights if you have them in your area, or, if you can afford it, and you agree that there was an overpayment, paying it would be the easy option? I'd imagine, if its legal,for them to chase you for the op, you refusing to pay it would only end up with a whole load of hassle, is it worth it for such a small amount?
I'd probably ask for a breakdown of costs/charges first in writing and query the delay with the solicitors.I don't think the dept would have records going back 12 years, what with dataprotection..You could get in touch with your local MP, the dept have specific timescales for dealing with MP letters, it may be that they just write the op off... worth a try?

jellybean191

It's more a matter of principle I suppose.
We don't know if there was an overpayment or not.
Hell, I can't remember what we were doing 12 years ago, can you?

seven-day-weekend

http://www.doonhamer.f2s.com/forum/index.php?sid=c00021a1bca7b43801be1fbac6574eac

Try this site for information

mclaren_2

they are having a joke! - 12 years?! if it was paid in to a bank (which 12 years ago, it would not have been i doubt) then you would have proof and so would they but they only have circumstantual proof of this as the computer systems were not installed by then

wouldnt worry about it - just contact the cab and they will call on your behalf and it will be squashed

jellybean191

mclaren wrote:

they are having a joke! - 12 years?! if it was paid in to a bank (which 12 years ago, it would not have been i doubt) then you would have proof and so would they but they only have circumstantual proof of this as the computer systems were not installed by then

wouldnt worry about it - just contact the cab and they will call on your behalf and it will be squashed

Thanks for the reassurance!!

kelloggs36

They can persue you forever for the amount but cannot prosecute you now as it would be 'timebarred'. Offer them a fiver a week.