Income Support Overpayment

Richard1075

As a number member to the Forum, although I have been reading it for a while, I would be grateful if you guys could help.

I receive Income Support. I also receive a very small Occupational Pension and my IS is reduced accordingly. The pension is about £66.00 per week my Income Support is £1.82 per week.

Each year the pension normally increases in line with inflation [this year is hasn't due to the recession

When the letter comes advising me of the annual increase I sent a copy together with a covering letter to my local Jobcentre Plus. I am housebound and therefore am not able to call in myself.

I received a letter in March from a Benefit Delivery Centre rather than my local Jobcentre Plus, advising me what my new rate of Income Support would be from 15th April when the new rates come into force.

I have now received a letter from Contact Centre Corby claiming that that my Income Support had been overpayed from thr period 20th April 2009 and 20th January 2010 and I needed to repay £205.56. The reason given is my circumstacnes had changed on 30th April 2009. The only change in my circumstances is my annual pension increase.

The letter sates that I have to repay this amount under the law - it would appear that they have failed to make an adjustment to my Income Support for 9 months.

I do have copies of the letters I have sent.

What should I do? If it is the law, then I will have to repay this money but living on a small income with no savings I could not pay the money back in one go and equally I am sure that they will want the money back as quickly as possible and that will leave me even more short just to live.

I don't smoke or drink and as I siad I am housebound so don't waste any money on anything frivilous. I wish I could:)

As I have sent them letters each year advising them of my increase and either last years letter was not delivered or they have made a mistake do I have to repay this money? The local Jobcentre Plus is about 2 miles away from me the Benefit Delivery Centre is nearly 20 miles.

I am NOT trying to get out of paying but it does not seem fair and it is not my fault. Have I done something wrong? have I sent my letter to the wrong place?

This is so worrying for me.

Please can you advice me? Many thanks in advance

KeaneFan10

Hi this happened to me as well although i had recorded all my letters therefore someone had signed for them this was all the proof i needed, and they are right when they say any overpayment had to be paid back by law what i would do is try and explain what you have told us here and agree a repayment you 'can' afford it will be better than having them on your back all the time

Richard1075

Thanks KeaneFan - anybody else got any opinions?

AsknAnswer2

Section 71 of The Social Security Administration Act.

An overpayment is only recoverable if the claimant was at fault. If you can prove that you informed them of the change then they overpayment is not recoverable.

This was further clarified at the Court of Appeal in R (Child Poverty Action Group) v Secretary of State for Work and Pensions [2009]

The background to this case is here and you can type the case name above into google to read more. The SoS has further appealed to the Supreme Court though, but until that case is heard, the above is the precedent set.

Richard1075

As I sent letter telling the DWP of my pension increase and have copies of these letter, I therefore might have a case not to pay this amount as the DWP made the error then.

Unfortunately, I did not send the letter last year by recorded delivery and I also sent it to my local Jobcentreplus rather than the Benefit Delivery Centre, so I suppose they could claim that they never received it.

However, I will write to them enclosing a copy of the letter sent in 2009 and see what happens.

If that fails I suppose I could offer to repay it at a £1.00 per week and see what they say.

Thanks for your advice - it is greatly appreciated.

alwaysonthego_2

Good luck Richard!

Richard1075

If I have to pay then there is not a lot I can do - it just seems not to be fair as they have made the mistake. In the post they have received letters OK! Typical that when you want something they loose the letter but when they want something from you it always arrives without a problem!

Seeing I only get £94.00 a week in benefits plus my pension, having to find £200.00+ is like trying to find the money to the Country out of debt! When there isn't any "fat" to trim what can you do?