DWP querying my carer's allowance

Plumjam

I have claimed carer's allowance for many years and have always been completely honest about my earnings. When I knew I was going to earn over the threshold I informed them immediately and again, when I knew I was leaving the well paid job because of my son's condition, I claimed it again. I have never knowingly claimed anything to which I wasn't entitled.
A couple of months ago, I received a letter asking me to send my last 3 payslips to DWP and to confirm that I am still entitled to it. I did as asked, and sat back waiting for the letter to confirm that everything was in order. Imagine my horror when after 2 months (during which time I assumed they weren't going to bother writing) I received a letter setting out 58 weeks between now and October 2008 when they say I was over the earnings threshold. If they're right, that's nearly £3000 that they'd want back.
I panicked, sat down and cried. Then I picked myself up and phoned them. The man I spoke to was really nice and said that he could put in a request for the case to be looked at again. In the meantime, if I receive any correspondence asking for repayment, then I'm to call and say that the case is under review.
I then phoned my own HR and pay department. They can't tell me exactly what was sent to DWP (ridiculous as it's me they sent the info about) but I can request a copy via the Freedom of Information Act. However, I understand that they send details of gross pay, not net. That doesn't take into account tax, national insurance, pension contributions or out of pocket expenses that are refunded via the pay slip.
I'm feeling a little bit better about it all now - I am convinced that DWP are wrong and that I don't owe them any money. However, I am very angry that they would put me through this stress and anxiety because they don't bother requesting the information that they need. It would appear that it is now down to me to prove that I don't owe the money.
Has this happened to anyone else? Are DWP desperately trying to get money out of people who won't or can't fight back?

kingfisherblue

Do you have payslips from October 2008? If not, can your employer give you copies?

rogerblack

Plumjam wrote: »

That doesn't take into account tax, national insurance, pension contributions or out of pocket expenses that are refunded via the pay slip.

You know that only half the pension contributions are discounted?

Plumjam

I have spoken to my employer and they are going to supply all copies of the payslips that I need. There are quite a lot of them as I think I need the ones before I'm apparently not eligible (if that make sense)? I think that if you earn over the limit one month, then you're not entitled to the allowance the following month but I've played it safe and asked for the payslips either side.

No - I didn't know that only half of pension contributions are counted but I'm pretty certain that the take home pay (other than when I had expenses claims) was always under the monthly allowance.

rogerblack

Carers allowance is a weekly benefit, and you are entitled (or not) depending on your earnings in the previous benefit week.
Pay attention to the edges - if a week falls partway through a month you earned too much, you may still be entitled on that week.

Plumjam

I appealed agains the decision to ask me to pay back £3091 in carer's allowance. I stated that I was occassionally over the limit due to out of pocket expenses. Occassionally, I had worked overtime which took me over by a small amount (1.50 for the month) but mostly my earning were well under the threshold. I sent all the relevant pay slips and my P60s for the 4 years concerned. I pointed out that over that time, even before the deduction of compulsory pension payments, that the average salary was under the threshold and that as I am salaried yearly, that I thought this was OK. The DWP wrote to me last week to say that they had looked at the evidence and the reasons and had reversed the decision. They even stated that there was no reason to send it to appeal as they have the right to reverse their own decision.
Yippee - a huge weight off my mind (and with good reason and evidence, you can win against DWP).

A very happy Pj

HB58

I bet that is a huge relief!

real1314

If Carer's uses the same earnings basis as other benefits (IS, HB etc) then they can actually average the earnings over a "reasonable" period.
There is little point creating a situation where someone could be £1 over for one week in every 5, but £0.50 under the other 4 weeks; it just creates a lot of work that costs more than the benefit saved.

It sounds like they've used a bit of common sense.

fogartyblue.

real1314 wrote: »

If Carer's uses the same earnings basis as other benefits (IS, HB etc) then they can actually average the earnings over a "reasonable" period.
There is little point creating a situation where someone could be £1 over for one week in every 5, but £0.50 under the other 4 weeks; it just creates a lot of work that costs more than the benefit saved.

It sounds like they've used a bit of common sense.

I am aware that with Carers Allowance it is very strict as regards earnings (not allowed to average) and hours spent caring.

A while ago my dad, when he lived with mum before he moved into a care home, received Attendance Allowance & my wife received Carers Allowance.

Because her self employed earnings and time spent working were so variable, there were weeks when she went over the limit and weeks when she was under the limit.
Also, linked to this, she did not quite manage to reach the 35 hours of care some weeks due to work pressure and some weeks spent upwards of 50 hours making up for what she hadn't done in the earlier week.

The Carers Service had her complete a form every month (4 weeks) which detailed those weeks she earned under the limit and those weeks that she cared for 35 hours or more. Where both of those happened in the same week, she was paid for that week in arrears.

It was an absolute nightmare to calculate and not worth the effort when some 4 week period she received nothing but still had to prepare these reports.

After about 6 months of this going on she stopped claiming it as her time was not cost effective with what she received.

gullsfan

The same thing has just happened to me. Just recieved an overpayment request for £2600 from the Dwp. I have a part time job and care for my partner who has secondary progressive ms.
I am classed as an irregular earner as I am paid monthly and my income does vary to some extent.
I think that I am assessed monthly in respect of carers allowance. The overpayment period they are referring to starts at April 2012.
I have actually calculated my net income since that period and in total am actually £35 under the maximum I could have earned.
The system of payment by my employer (a local private school) is that I submit time sheets to the general office. Once they are signed off they are sent to the bursary for processing. The problem arises when there is a delay in the chain meaning that overtime earnt in one month can sometimes be paid in the following month.
So if for example I earn £5 over the threshold in one month I then lose the whole months carers allowance.
The system the carers unit use for calculating earnings is completely ludicrous.
I will be asking for the decision to be looked at again and if I don't get any joy then I will appeal.
Why on earth they will not accept an average of earnings over a period is beyond me.

oldboy64

gullsfan wrote: »

The same thing has just happened to me. Just recieved an overpayment request for £2600 from the Dwp. I have a part time job and care for my partner who has secondary progressive ms.
I am classed as an irregular earner as I am paid monthly and my income does vary to some extent.
I think that I am assessed monthly in respect of carers allowance. The overpayment period they are referring to starts at April 2012.
I have actually calculated my net income since that period and in total am actually £35 under the maximum I could have earned.
The system of payment by my employer (a local private school) is that I submit time sheets to the general office. Once they are signed off they are sent to the bursary for processing. The problem arises when there is a delay in the chain meaning that overtime earnt in one month can sometimes be paid in the following month.
So if for example I earn £5 over the threshold in one month I then lose the whole months carers allowance.
The system the carers unit use for calculating earnings is completely ludicrous.
I will be asking for the decision to be looked at again and if I don't get any joy then I will appeal.
Why on earth they will not accept an average of earnings over a period is beyond me.

Carers Allowance is paid weekly, not monthly.

They are very strict - 1p over the limit means no CA for that week.

Likewise, if they are of the opinion that you are not caring for at least 35 hours a week (say you live miles away, or your own illness would prevent it) they will come down on you like a ton of bricks!

It seems that for the first time at last the DWP are getting to grips with this ridiculous system of self certifying. Just as long as you keep within the earnings limit and the person cared for confirms that you care for them - you get the money. No check is made if actually the caring takes place.