DWP appeal time expired. Options?

tottybum

7mag wrote: »

I say allegedly because (and as I understand it) DWP have based this on verbal claims from the father that he paid £x per week for ? years. I don't think the claims would have withstood scrutiny even then, and possibly explains why they cannot document the alleged overpayment now (as they can with the other amount).
So the fact that it apparently cannot be corroborated (even if it is too late to challenge it) resulted in my posing the above question

With my case I tried to have the benefit people come up with a figure that wasn't just what I had been overpaid, but the net difference after something that I could have claimed instead.

It was well over 2 years after the decision when I tried to do that, but it was ruled against me as being out of time.

So as I said I repaid everything and wasn't allowed a set off. If it had been allowed the debt would have gone from just over £6000 to under £2000.

It seems that you have to be within the time limits to make any sort of application to review in your case or vary in mine.

The DWP are not very acommodating even if they know the figure is wrong or that there is no evidence to back up the debt. They see it that if you don't appeal, you accept it as it is.

texranger

Cpt.Scarlet wrote: »

Stated DWP policy is not to charge the fee.

well that makes a change them not charging i thought they would try and change double

cosmic-dust

7mag wrote: »

I say allegedly because (and as I understand it) DWP have based this on verbal claims from the father that he paid £x per week for ? years. I don't think the claims would have withstood scrutiny even then, and possibly explains why they cannot document the alleged overpayment now (as they can with the other amount).
So the fact that it apparently cannot be corroborated (even if it is too late to challenge it) resulted in my posing the above question

So at the end of the day they are taking his word only that he paid child maintenance, good god! Is there anyway she can get her MP to look into things?

suelees1

This might also be useful. I have had occasional success when asking for write-offs on behalf of clients.

http://www.cpag.org.uk/cro/wrb/wrb190/overpayments.htm

This woman is now statute barred from appealing. As a lawyer my advice is as follows -

Make an official complaint to the DWP. Your first contact is probably with the DWP Debt Centres. The complaint procedure is in the following DWP link.

If you're not the official appointee for the claimant you will need to send her written authority for you to act on her behalf. Explain who you are and what you know about the case. It might be an idea to see if you can get a doctor's letter to say she didn't have mental capacity to be interviewed under PACE (Police and Criminal Evidence Act). In the letter ask for them to use their discretion not to continue to recover (see the CPAG link above).

http://www.dwp.gov.uk/contact-us/complaints-and-appeals/

I'd be very surprised if you get a satsfactory (if any) response even to second and third reminders.

If you don't manage to resolve it at this stage my adivce would be to complain to an Independent Case Examiner and also at the same time I'd approach the local MP to ask him/her to refer the case to the Parliamentary Ombudsman.

http://www.ombudsman.org.uk/

cit_k

Perhaps time to see a solicitor to see if you have any options under law.

For example, Im curious, could this be taken to court in any way (Im guessing probably not)?
As if it did get to court, I cant see a judge taking the DWP seriously, if they have not got any evidence, cant corroborate anything, did not follow procedures properly for taped interviews etc etc.

suelees1

I've added some more info to my earlier post

7mag

I think a letter to her MP may well be worth a try, even if it is clutching at the proverbial straws

7mag

Many thanks for all of your comments.
Suelees1; I couldn't see any details on the links of the Independent case Examiners? Have I missed them?

suelees1

7mag wrote: »

Many thanks for all of your comments.
Suelees1; I couldn't see any details on the links of the Independent case Examiners? Have I missed them?

No I didn't include it but here it is

http://www.ind-case-exam.org.uk/

It should actually be the DWP who signposts you to this but I've never known them do it yet.

7mag

Thanks again