Income Support

steveandpat

I used to work for a firm as an Industrial Chemist whilst working for them I had an accident and fell off of a ladder I hurt my back but the fall in fact brought back on my MS I am now unable to work because I am in a wheelchair ,and going blind with the illness. Now when I first applied for IS I did not get a lot of benefits but after a while my firm put me onto their own disability scene so strait away I went into the office of the Jobcentreplus and told them about me getting a disability payment from my employer they took a copy of the letter and told me that because I was not working and it was a private payment that it did not count and so every thing was alright and to have a good day.
Well some years later they suddenly decided to send me a change of circumstances form which I duely filled in the form and sent it back with in a month I was told that I have to much money coming in so my IS was to be stopped so all I now get is DLA Incapacity benefit and a very very small £40 a week personal pension. Now some months down the line I have just received a letter saying that I have been over paid by £20000.
On their letter they state that they were aware of me getting the Disability payment but at the time did not act on it.
So I am now suicidal worrying about paying the money back (which I can not) I was told that because they were aware of all the facts all of the time that I do not need to pay it back but I am still very worried and I have a month to appeal their decision, if I am forced to pay it back I will seriously conciser ending my life because I could not stand the shame although I have always done what ever they have asked for and kept to the law. I do not know what to do I can not get legal aid so where can I turn.:(

McKneff

Dont know how I can help you but please, nothing but nothing is worth ending your life for.
There is no need for you to be ashamed, you have done nothing wrong and its no one elses business anyway.

Could you go and see a solicitor, most of these give an initial free half hour.

As for the DWP, get everything in writing and keep it on file.

Good luck and let us know how you get on.

healy

steveandpat wrote: »

I used to work for a firm as an Industrial Chemist whilst working for them I had an accident and fell off of a ladder I hurt my back but the fall in fact brought back on my MS I am now unable to work because I am in a wheelchair ,and going blind with the illness. Now when I first applied for IS I did not get a lot of benefits but after a while my firm put me onto their own disability scene so strait away I went into the office of the Jobcentreplus and told them about me getting a disability payment from my employer they took a copy of the letter and told me that because I was not working and it was a private payment that it did not count and so every thing was alright and to have a good day.
Well some years later they suddenly decided to send me a change of circumstances form which I duely filled in the form and sent it back with in a month I was told that I have to much money coming in so my IS was to be stopped so all I now get is DLA Incapacity benefit and a very very small £40 a week personal pension. Now some months down the line I have just received a letter saying that I have been over paid by £20000.
On their letter they state that they were aware of me getting the Disability payment but at the time did not act on it.
So I am now suicidal worrying about paying the money back (which I can not) I was told that because they were aware of all the facts all of the time that I do not need to pay it back but I am still very worried and I have a month to appeal their decision, if I am forced to pay it back I will seriously conciser ending my life because I could not stand the shame although I have always done what ever they have asked for and kept to the law. I do not know what to do I can not get legal aid so where can I turn.:(

As the DWP have admitted that they made an error and have said you do not need to pay the money back - you do not need to pay the money back. It is routine for them to ask for it.

dseventy

Phone the samaritans.

UK: 08457 90 90 90

Everything else can wait.

D70

McKneff

Are you confused,

You sary they said you dont have to pay it back (i missed that bit on my first read, so why are you worrying) and then say they have given you a month to appeal their decision.

Can you clarify please.

steveandpat

It was on another web site that I read that because it was the DWP that had made the mistake that I do not have to pay it back I am going to CAB to see what they have to say but it is very worrying for me and it's making me feel even iller than I am.
and no I am not confused

bigbill

I'm fairly sure the letter says "YOU MAY WISH TO PAY IT BACK", rather than the normal overpayemnt one that say, you are required under social security law "TO PAY IT BACK".

Write and tell them you are no willing to pay it back as it was their "OFFICIAL ERROR" that caused the overpayment, and this will be the last you hear of it.

rogerblack

bigbill wrote: »

Write and tell them you are no willing to pay it back as it was their "OFFICIAL ERROR" that caused the overpayment, and this will be the last you hear of it.

That may be true for the overpayment up to now, but it does not mean that the money can never be taken into account, if it still exists.

http://www.dwp.gov.uk/docs/dmgch52.pdf (52414) basically says that if the money for personal injury is held in trust, then that money is disregarded as capital, and the money from the trust is treated as income.

If it's not held in trust - and is - for example - in a bank account to which you have access, but just take out the interest, then it may not be disregarded.
If it's not disregarded, then it may reduce or eliminate any entitlement to means tested benefits.