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DWP want overpayment of £4094 and I dont think I should have to pay it!

Can anybody give me some advice please? My wife died nearly 6 years ago and my daughter was 12 at time. My daughter often popped into my mother in law on the way home from school as she lived near there. I was claiming DWP. I started a new job about 3 years ago which meant I would not get home til about 7pm. Because of this my daughter spent more time at her nans. About 3 times a week she would stay there sometimes more, sometimes less. Out of the blue I got a call from child benefit to say my mother in law had put in a claim because my daughter was living with her - I confirmed to the tax office that she did stay there but she was not living there but as her nan had been good and I was happy she was getting a hot meal I agreed her nan should receive the child benefit. I was and still am her legal guardian. About 6 months ago I got a letter from DWP saying as her nan was receiving child benefit I should not have received DWP and I had to pay it back. I appealed mentioning that I am still the legal guardian and she still splits her time between us but the appeal has come back saying that I still need to pay the money. I was not informed at the time from the tax credit that if I was claiming DWP I would no longer be entitled to it. Can anybody help? I am at the end of my tether!

Comments

  • karenx
    karenx Posts: 4,988 Forumite
    What benefit is DWP? As that stands for Department of Work and Pensions

    Do you mean the tax credits? As you should of notified them your daughter was living elsewhere and you shouldnt of been getting the tax credits for her.
    Also do you recieve housing benefit? As you should of notified them also your daughter was no longer living there so you may find you have an overpayment there too as you would only be entitled to one bed rate and not two
  • You foolishly signed away your entitlement to another person, in your case, your mother in law.

    Child Benefit is the qualifying benefit to receive other things, and the person receiving that would be entitled to the Child Tax Credits etc.


    regards

    Munchie
  • .

    Child Benefit is the qualifying benefit to receive other things, and the person receiving that would be entitled to the Child Tax Credits etc.


    regards

    Munchie

    This is correct.
  • happy35
    happy35 Posts: 1,616 Forumite
    1,000 Posts Combo Breaker
    I think it is widowed parents allowance, to get this you would need to receive the child benefit
  • ekkygirl
    ekkygirl Posts: 514 Forumite
    Why did your MIL claim the CB without telling you? Did you not pay her for the time she had your daughter, This could have been avoided if you had oly given her what she needed to help raise your daughter.
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