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

debt_doctor

adamantine wrote: »

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.

The important thing for you is when did they demand payment?

DD

adamantine

debt_doctor wrote: »

The important thing for you is when did they demand payment?

DD

in 2010. i didnt go BR till 6 months ago.

debt_doctor

adamantine wrote: »

in 2010. i didnt go BR till 6 months ago.

Your ordinary overpayment is part of your bankruptcy. You are no longer liable for it.

DD

adamantine

debt_doctor wrote: »

Your ordinary overpayment is part of your bankruptcy. You are no longer liable for it.

DD

so should i just call the AiB next week then? when i spoke to them on wednesday they said i was still liable but she may have thought that i got the demand after i was declared BR?

debt_doctor

Hi, Im sorry that I just realised that you refered to Aib which refers to scottish law, accountant in bankruptcy - I suggest you contact citizens advice Scotland.
You must hold my advice until confirmation obtained re Scottish law.

adamantine

debt_doctor wrote: »

Hi, Im sorry that I just realised that you refered to Aib which refers to scottish law, accountant in bankruptcy - I suggest you contact citizens advice Scotland.
You must hold my advice until confirmation obtained re Scottish law.

thanks. ill give them a ring next week. wasnt sure if this applied to scottish BR or not. why cant we have 1 system for everyone!?

fermi

Any update on how to approach these with DWP etc?

fermi

And if HMRC should try it on?

debt_doctor

How strange! I has success with this just today! Got a response to my formal complaint on behalf of a client who had monies deducted during the moratorium period, and they are to send her just over £600.

How to go about it is;
1) complain in writing to your local job centre plus office.
2)If no promise of refund is forthcoming within 14 days then
3) escalate the complaint to the JCP District Manager for your area (address available from any DWP office)
4) if no refund promise is forthcoming after 14 days then escalate your complaint to the Independent Case Examiner;

http://www.ind-case-exam.org.uk/en/contact/index.asp

Please note that the DWP are allowed to 'offset' against any social fund loans that your partner may have IF they were your partner at the time that you took out your social fund loans.

DD

fermi

I was think more of HMRC in bankruptcy, as in theory Payne & Cooper extends to that.