Incapacity Appeal won, but confused over Income support overpayment

ishy222

This week i won my appeal for incapacity benefit and was informed that i would get it backdated and be put back on it.

However im confused as to how they will work it out...

Do they work it out fairly?

Just it confuses me as there had been an overpayment in income support (which they are still working out and im waiting to hear back from them - husband worked part-time hours and they "lost" the payslips we sent in so its been a real mess but please NOTE that under IB i would get the full amount as it does not effect whether or not my partner is working )

If i was entitled to incapacity benefit during this time, then under IB rules i should have been entitled to that money i received and technically should only be given a "top-up" in the difference from IS to IB

For example (numbers are not accurate just for an example):

if the amount overpaid in income support was £600 for a period of 8 weeks
then amount i am owed in incapacity benefit will be the full rate and be around £900 -
they cant then just pay me £300 and take back the income support because then i am still owed the remaining incapacity i was entitled to during those weeks?

The logical way i see it is that :

a) Either they cancel off the £600 IS and pay me approx £100 in top up OR
b )if they keep it separate pay me £900 + i pay back the IS

Under income support i was not entitled to x amount money however under incapacity i am and more than x.
So they should cancel the overpayment and pay me the top up from income support to incapacity (approx £15-20 a week) to balance it out.

Because if i have to pay X amount back but then i was entitled to X amount and then they take X amount of Y i am left with a huge loss of what i am owed.

I dont want to be given any more than what i am entitled to and i also dont want to be losing money which i am entitled to.... so the money i have already received i dont expect to be paid again nor really i should have to pay back since i should have been entitled to it so should only be given a "top-up" for the period i received IS.

im just really worried that what they will end up doing is taking the overpayment of IS off the backdated lump sum of IB that i am owed... even though i was entitled to that money under IB rules anyway.

Its really complicated for me to understand i feel perhaps i am over complicating the matter....

Can anyone help me make sense of this?

I appreciate any feedback and apologise if i have not made much sense.... its just really complicated for me to explain:(

Cpt.Scarlet

The back payment should be the difference between what you were actually paid and what you should have been paid. The IS over payment is seperate and you should continue to pay this back on the agreed schedule.

ishy222

Cpt.Scarlet wrote: »

The back payment should be the difference between what you were actually paid and what you should have been paid. The IS over payment is seperate and you should continue to pay this back on the agreed schedule.

Thanks for your reply... i thnk ive nearly understood it... just to clarify.....

IS is to be paid back...

So that means the IB should pay the difference or in other words pay me the amount of IS that im having to pay back... it really doesnt make any sense... but i understand if it has to be kept separate..

So for example (numbers just for example)

Week A : IS £20 (overpayment paid back £30) IB £105 difference to be paid £85

Week B : IS 0 (overpayment £50) IB £105 to be paid

Would that be correct?
So they cant take the IS overpayment out of the IB backdated total sum?

ishy222

Also wanted to ask....

With incapacity benefit being given for the past year.... can the council now back date any housing/council tax benefit totals which i may need to pay back in overpayment?

Or because this was actually the DWP fault it will only apply from when i get my next weekly IB payment?