Advice on overpayments

Benefits_Bod

Beautifulmess wrote: »

My circumstances never changed.

In which case, assuming all was disclosed in the first instance, there can be no "misrepresentation" or "failure to disclose" a material fact.

As an aside, the duty to notify changes in circumstances only extends to changes where you might reasonably be expected to know the change(s) might affect benefit. In other words, no change = no duty. Change that doesn't affect benefit = no duty.

Killmark

I would have thought when claiming IS for the reasons stated in the OP then the award notice may have mentioned that the OP's entitlement would have ceased on there 21st birthday.

Oldernotwiser

It should stop when the claimant reaches 21. If the OP was doing a full time college course, she wouldn't be eligible for JSA either as she wasn't available for work.

Beautifulmess

I don't know where the full time education came from. I did under 16 hours which is part time, 12 in fact. I could of claimed job seekers if I'd dropped out of college which sadly I would have due to needing to keep my apartment.

Anyhow, when I claimed income support I was told that I could only do up to 16 hours of college a week, £20 earnt in a job a week and 16 hours volunteer work, I only did the college bit to try and get into uni before I turned 21, didn't happen.

My friend went to court today (sorting her own debts) and asked about over payments of benefits, the courts said it can be written off without question apprantly. It's just if CAB are going to work fast enough for this to happen otherwise I'll have to do it myself like my friend is.

Benefits_Bod

Beautifulmess wrote: »

My friend went to court today (sorting her own debts) and asked about over payments of benefits, the courts said it can be written off without question apprantly. It's just if CAB are going to work fast enough for this to happen otherwise I'll have to do it myself like my friend is.

{Edited to amend context}

This is potentially dangerously incomplete advice by, yes, the Court - assuming this is what happened in full. RecoverY of an overpayment is an entirely different matter to whether an overpayment is legally recoverABLE in the first place.

As set out in my previous posts, an overpayment of Income Support is not recoverABLE if it wasn't caused by misrepresentation / failure to disclose. If an overpayment is not recoverABLE, the DWP has no choice about recoverY - the overpayment cannot be recovered.

Only if the overpayment is recoverABLE does the DWP (and/or a LA) THEN have discretion.

In practice, the DWP is currently playing hardball. So much so that it has even been attempting to seek recovery of non-recoverable overpayments under common-law provisions. That resulted in a court action between the DWP and the Child Poverty Action Group. So far, it has been as far as the Court of Appeal where it was found the DWP cannot, legally, seek recovery of a non-recoverable overpayment. However, I understand the DWP is looking at going to the next stage - the Supreme Court (previously the House of Lords); or, alternatively, changing the law....

Beautifulmess

Benefits_Bod wrote: »

{Edited to amend context}

This is potentially dangerously incomplete advice by, yes, the Court - assuming this is what happened in full. RecoverY of an overpayment is an entirely different matter to whether an overpayment is legally recoverABLE in the first place.

As set out in my previous posts, an overpayment of Income Support is not recoverABLE if it wasn't caused by misrepresentation / failure to disclose. If an overpayment is not recoverABLE, the DWP has no choice about recoverY - the overpayment cannot be recovered.

Only if the overpayment is recoverABLE does the DWP (and/or a LA) THEN have discretion.

In practice, the DWP is currently playing hardball. So much so that it has even been attempting to seek recovery of non-recoverable overpayments under common-law provisions. That resulted in a court action between the DWP and the Child Poverty Action Group. So far, it has been as far as the Court of Appeal where it was found the DWP cannot, legally, seek recovery of a non-recoverable overpayment. However, I understand the DWP is looking at going to the next stage - the Supreme Court (previously the House of Lords); or, alternatively, changing the law....

I know not to just go on that advice (about my friend and the court) but nearly every person I've rang up, women at council benefit line and so on think with enough evidence I won't pay back AT least the housing and counsil tax which is my main worry. With that it's nearing £4K, income support alone is only just over £1k, yes a lot but I'd rather have to pay that back then the other, since they want it ALL together :S Anyhow, as I stated, I have not changed my circumstances, I am estranged from my family, (I did go to college until I had to sign on Job Seekers) it was under 16 hours like they stated and I live alone. These were what I signed up with, the only thing that changed was I turned 21, but NO-ONE ever said I had to contact the benefits about it, I was told to wait until they sent me a letter to change over, that is what I did... apprantly it was wrong. :eek:

Beautifulmess

I visited CAB and I'm seeing a lawer on Tuesday (y) Thanks for your help. If possible, close the post.

flashnazia

It would be nice if you let up know what CAB said?

Beautifulmess

flashnazia wrote: »

It would be nice if you let up know what CAB said?

Hi, well CAB don't think I should be paying it back, they took all my evidence, letters, wrote down my entire history from when I started claiming. They believe I was on it under special circumstances which the income support lady on the phone agreed that people can be on it if they are under 20, at college and have no help from family and friends.

It took a while but the housing repayment is now written off, £2500 worth and the income support repayment claim is being looked at by someone in the council, it will go to court if he thinks it has enough evidence to back it up. (my appeal that is). :T

Beautifulmess

Oh, I'd like to point out, all this has made me really unwell that I'm having to sign off Job Seekers after getting really into the whole getting a job (hate benefits) I've applied to 100's of jobs and only had no response or turn downs... anyhow, I'm moving onto Employment support because I have developed panic attacks and REdeveloped agrophobia I'm pushing myself not to let it get a grip though because frankly I was looking forward to working, having my own money and being able to go to the next level with my boyfriend who works and cant move in without his money over riding my job seekers.