Advice needed on CA overpayment

andrew71

We have received a letter this morning to say that we owe nearly £3K due to overpayment of Carer's Allowance for the period April 2008 to Feb this year.
It says that our circumstances changed and that we did not inform them at the time.

As far as I am aware our circumstances never changed so therefore there was no reason to inform them?
When we applied for CA my wife was earning above the threshold limit (which she still does only just) She works 16 hours. She mentioned that she gave a monthly figure to her Union (USDAW) which she was informed would be deleted from her weekly figure.
The CA she applied for was on my behalf, at the time I was claiming middle rate for DLA.

Now what looks like may of pushed her limit up over the year is the fact that twice a year she earns profit share (the amount of problems any type of profit share as caused us and people I know is amazing).

I have looked at her P60 for the year 2009 and 2010 and working out an average over the year she actually earns less than £95 both years. Can we ask them to take that into consideration or do they work it out based on each week?

Also if do end up paying it back do you know is there anyway we could pay it back in installment? £3K is amount that we cannot pay just like that.

Appreciate any help offered.

nannytone_2

i think carers allowance is worked out on what is earned every week, and not on a yearly basis.
if someone only worked 1 week in 2, over theyear their erarnings would be low enough, but care has to be given for 35+ hours every week.

nilla

I had a 2k overpayment and they took it off at £5 a week, ask them to do that, they tried for £10 a week in the beginning but I told them that was too much

Tehya

I'm sure I've read somewhere they can average income into either 1 or 3 month cycles so it's not always based on a weekly amount. I think you should try appealing their decision before agreeing to a re-payment plan.

andrew71

nilla wrote: »

I had a 2k overpayment and they took it off at £5 a week, ask them to do that, they tried for £10 a week in the beginning but I told them that was too much

Think that would be the best option for us. No way can just pay off £3K in one lump sum.

Tehya wrote: »

I'm sure I've read somewhere they can average income into either 1 or 3 month cycles so it's not always based on a weekly amount. I think you should try appealing their decision before agreeing to a re-payment plan.

When reapplied on our daughters behalf due to my DLA going down but her DLA being the middle rate for caring (she as aspergers) it was mentioned that my wife was over the threshold but they asked her to keep a copy of her wage slips and then send them off every three months and if they owed us any they would back date it.
It just makes me so angry that they decide to contact people after nearly three years.
If you are on benefits how are you supposed to pay off a bill of nearly £3K?

andrew71

I have just been looking at my wife wage slips over the past few years that they mentioned. She gets paid every 4 weeks so I averaged the total over 4 weeks. Taking into consideration she may of worked more hours one week (which is very unlikely) almost every week she is below the threshold. So if she was over the threshold once say every 8 weeks then how could they get the figure of £2750???

Tehya

andrew71 wrote: »

I have just been looking at my wife wage slips over the past few years that they mentioned. She gets paid every 4 weeks so I averaged the total over 4 weeks. Taking into consideration she may of worked more hours one week (which is very unlikely) almost every week she is below the threshold. So if she was over the threshold once say every 8 weeks then how could they get the figure of £2750???

That's crazy. I would definitely be appealing if I was in your position. Have you tried CAB or Welfare Rights?

If they are too busy you could try Carer's UK:

Call our Carers UK Adviceline on 0808 808 7777 (Wednesday and Thursday 10am-12pm and 2pm-4pm)
You can also email us at [EMAIL="adviceline@carersuk.org"]adviceline@carersuk.org[/EMAIL]

Their website is here: http://www.carersuk.org/Aboutus/Howwehelp/ProvidingInformation

You don't need to be a member to contact them either.

You could also try The Princess Royal Trust for Carer's, http://www.carers.org/

I'm not sure about a helpline for the Royal Trust but both sites have fantastic support on their forums and messageboards and the people are friendly.

DX2

andrew71 wrote: »

I have just been looking at my wife wage slips over the past few years that they mentioned. She gets paid every 4 weeks so I averaged the total over 4 weeks. Taking into consideration she may of worked more hours one week (which is very unlikely) almost every week she is below the threshold. So if she was over the threshold once say every 8 weeks then how could they get the figure of £2750???

Andrew you really need to make your mind up, especially if you are thinking about taking this any further.

andrew71 wrote: »

When we applied for CA my wife was earning above the threshold limit (which she still does only just) She works 16 hours.

andrew71

DX2 wrote: »

Andrew you really need to make your mind up, especially if you are thinking about taking this any further.

She was earning above the threshold to claim CA but she was informed that the money paid to her union plus also her mum came around to give me some dinner as at the time I was in no fit state to make some dinner for myself. Which my wife paid her.

The part about being below the threshold is based on what I have worked out on average from her previous wage slips. Becaue myself and our daughter are both classed as disabled, she had to take us to appointments sometimes in works time meaning she worked less hours some weeks.

DX2

andrew71 wrote: »

She was earning above the threshold to claim CA but she was informed that the money paid to her union plus also her mum came around to give me some dinner as at the time I was in no fit state to make some dinner for myself. Which my wife paid her.

You are not allowed to pay a close relative for the care you were given whilst she worked.

paddedjohn

dx2 wrote: »

you are not allowed to pay a close relative for the care you were given whilst she worked.

this sounds like where the overpayment comes from, how much was her mum paid? About £18 per week? =£2750