Payne & Cooper V DWP - Benefit overpayments, Tax Credits etc in BR

alastairq

Look what they have done to Civil Service Pensions.

They haven't yet done ''it''......the battle is far from over.....best not pay too much heed to the propaganda emanating from this Government....

JustinCredibleGillespie

Finally!

I am so glad 2 hear this! Alot of our elderly Pension Credit customers were having to pay the deductions from their benefit whilst undischarged & it wasnt pennies they were taking, I saw one on Monday and they were losing £16.43 p/w from their benefit. :(

In the last 12-18 months I have seen a rise in the number of customers filing for Bankruptcy & quite a few have lost their homes:(

JCG

xx

BaldEagle

I've just tried to read the linked document but it made no sense to me so can I get confirmation that I can now contact my LA and tell them that they have to stop deducting overpayments from my LHA?

singingsister

Explain what that means?

We currently have an overpayment on our housing benefit and they are taking money from our current payments to pay this back.

As a BR does this mean they can't do this anymore?

alastairq

It would appear so....?

singingsister

alastairq wrote: »

It would appear so....?

Really? How do I go about getting the council to stop taking the overpayments from our benefits we are currently getting?

debtinfo

very interesting as it brings them into line with the general principle of bankruptcy, the previous judgement efectively gave them a small preference.

debt_doctor

Hi all,

What will happen is a 'benefit circular' will be issued by the DWP to all the benefit departments. Normally this is actually within 2 to 3 weeks of the judgement.
Sadly, those affected will be wasting their time arguing with their local benefits office until the notification (above) comes through.

I'll update you on the action those affected should take as it becomes clearer / notified to us ( CAB)

DD

alastairq

will the likes of LA's or local benefits offices then be liable to refund any money's collected between the date of the actual judgement [ie, when the case law was enacted]...and the date of the revised DWP advice?

Or will the OR have to recover it?

In any event, is the BR individual likely to be able to recover these losses [on the assumption their SOA, as accepted by the OR, would not budget for these payments?]

debt_doctor

Hi Al,

It is to early to say what will happen regarding refunds or anything else, although everything you raised is very valid. I would expect an update by Citizens Advice specialist support shortly, and will pass that information on when received.
The frustration in the 'gap' is very understandable, especially to the poorest in our society.

DD