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

Ineedaname

alastairq wrote: »

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?]

Surely there will be an allowance in existence and the BRs had no choice in making the repayments. Any amendment by the OR to delete a benefits repayment allowance shouldn't occur until after the repayments have stopped.

Then it's just a matter of whether there's any refund due for the 'gap' between judgement and action and if so I assume the OR would get that as the BR would have had the repayments allowed for in their SOA and therefore it then becomes a capital asset due to the OR during BR year...

alastairq

hi INAM..I included that wee statement simply to cover all bases, so to speak.....I agree with you regarding inclusion within the SOA, but as experience on here has shown, there will be some [BR's] out there who will fall through the net.....simply out of ignorance, if nothing else...

BaldEagle

debt_doctor wrote: »

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.

Haha. Typical. So, with less than 12 weeks to go and taking into account the 2-3 week wait for the benefit circular and then factoring in another 4-6 weeks for the ineptitude by my LA (they've got previous), I reckon I should get my clawback removed on the day I'm discharged. :j

Knowing my luck, the day after my discharge there'll be a change to insolvency law and all BRs get a villa in Spain and a monkey butler called Pedro.

Ineedaname

I wonder if you'd get away with cancelling the payments? By the time they've chased you and argued the point the circular will have gone out and they won't be able to take any more anyway. Mind you, I guess they'd still say they were within their rights to chase you for the payments between you cancelling them and them being notified of the changes, oh well.

BaldEagle

It's deducted at source so nothing anyone can do until the LA gets the circular and actions it

Ineedaname

Oops, forgot that - bummer.

alastairq

Knowing my luck, the day after my discharge there'll be a change to insolvency law and all BRs get a villa in Spain and a monkey butler called Pedro.

oh dear...thought you'd have got yours by now......if I were you I'd speak to your OR pronto, just in case the rules change again.....


sorry for the delay in replying, but here in sunny Spain tinternet is a tad slow, and my Pedro has only gone and run off with next door's Pedro...dunno, can't get the staff these days...................

debt_doctor

Here is the DWP HB circular...............

http://www.dwp.gov.uk/docs/u6-2011.pdf

Point 3 is the important bit for bankruptcy

DD

adamantine

ok so does this mean, in laymans terms, that if you are liable for a benefit overpayment they cannot take it while you are undischarged but can claim it back post-discharge? or that overpayments are now covered by BR?

DWP claim i was overpaid IS in 2009 (i informed them of a change of circumstances they didnt record it, just the usual muck up by a gov agency....) AiB told me this week that is isnt covered by my BR (was notified of the over payment in 2010 but its taken them till now to investigate and get back to me).

where do i stand? do i still have to repay if the appeal doesnt find in my favour?

sorry my brain has shut down and legal jargon really does confuse me on the best days.

debt_doctor

The only type of benefit payment that can be taken after discharge is one incurred through fraud - the majority are not fraud - just simple overpayments.
For clarity to other posters, fraudulent overpayments are;
you admitted fraud under caution
or
you agreed to pay a penalty under the social security administration act
or
successfully prosecuted for fraud.

As said, vast majority are simple overpayments

DD