Overpayment in benefits

HILLSIDE

My husband received a lettter from the Dept of Work & Pensions stating that he was over paid £500 and they want it back. We did not have a clue what it was. Turns out they are claiming we owe them this from 26 years ago!!
I find this ridiculous. Do we have to pay it????

rogerblack

HILLSIDE wrote: »

My husband received a lettter from the Dept of Work & Pensions stating that he was over paid £500 and they want it back. We did not have a clue what it was. Turns out they are claiming we owe them this from 26 years ago!!
I find this ridiculous. Do we have to pay it????

Firstly, ask them for a full breakdown of what it's for.
I'd recommend a data protection subject access request - ask for all the information they have on file for him.
As I understand it, they cannot demand payment of so old a debt, but they can deduct it from any benefits you receive.

happy_lass

seems a bit strange. I would query it first. But as it is public money then, yes they have a right to ask for it back (if indeed you do owe it in the first place).

Lady_gaga

DWP debts do not come under statute barred rules, they can chase you forever for it. But as the above poster has said, I'd want to know exactly what and when it was for before paying.

rogerblack

Lady_gaga wrote: »

DWP debts do not come under statute barred rules, they can chase you forever for it. But as the above poster has said, I'd want to know exactly what and when it was for before paying.

This is misleading. They can chase you forever, yes. (actually, too much may be harrasment) However, they cannot use the courts to recover the money.
They can deduct it from any payments you may get in the future. (at specified rates, they can't take all of it)

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

Lady_gaga

rogerblack wrote: »

This is misleading. They can chase you forever, yes. (actually, too much may be harrasment) However, they cannot use the courts to recover the money.
They can deduct it from any payments you may get in the future. (at specified rates, they can't take all of it)

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

did I say they could persue it through the court? don't think I did...

so not misleading at all, I said they can chase you forever, you've admitted yourself that's a fact, do you just troll these threads trying to contradict others posts?

fermi

Debts to DWP can be statute barred.

But all that means is that legal action is barred. Nothing else. That is all the Limitation Act deals with.

The bit about not chasing statute barred debts is actually due to OFT guidelines on debt collection. They say that it's unfair to pursue someone for a statute barred debt if you haven't heard anything regarding the debt for over 6 years, and/or you state you are not paying the debt as it's statute barred. BUT that only applies to OFT regulated debt collection companies, such as those external ones DWP might employ to chase. It doesn't apply to DWP themselves as they are not regulated or accountable to the OFT.

I think the confusion comes when people mix up the legal part of what "statute barred" actually means (a bar to legal action only) with what regulatory requirement due to "fairness" that the OFT puts on collection of such debts through commercial collectors. They are actually two very separate things.

cit_k

IF the debt is the DWP's fault, entirely (ie the claimaint is not to blame in any way for the overpayment) then the DWP cant even chase it up, or reclaim the money...

Check with a welfare rights advisor.