Overpayment of Wages

G51shopaholic

If the employer had did their job correctly and followed proper procedure the OP would have been notified in writing that she wasn't entitled to SMP and why she wasn't entitled to it.

This paperwork would be necessary for a Benefit claim but due to the negligence of the employer the OP has been informed she is not entitled to have her benefit claim backdated so why should she be out of pocket?

lerwick

Notmyrealname wrote: »

No, SMP is 90% of your wage as long as you earn at least the minimum threshold to qualify. If you don't earn the minimum amount to qualify which it appears you didn't, then you have to claim from the govt.

So if the threshold is £102 and you earn £100 you don't get a thing but if you earn £102 you get 90% of that.

Yes i understand that but HMRC states that my employer must inform me immediately if they are unable to pay SMP and issue me with SMP1 form stating why. They failed to do that and that is my case. I am ready to go the whole hog regardless of what anybody on this forum thinks. Thank you

lerwick

G51shopaholic wrote: »

If the employer had did their job correctly and followed proper procedure the OP would have been notified in writing that she wasn't entitled to SMP and why she wasn't entitled to it.

This paperwork would be necessary for a Benefit claim but due to the negligence of the employer the OP has been informed she is not entitled to have her benefit claim backdated so why should she be out of pocket?

Thank God some people still have their thinking cap on. The earlier two posts tried to make me out to be a villian who is trying to reap what she did not sow while in actual sense I am the victim.

McKneff

Again, no one is making you out to be the villain, theif or fraudster, You jump on the one poster who strokes your ego.

You, the victim,!!!! don't make me laugh, you are the one, who at the moment is 2.4k better off and your emplloyer is £2.4k out of pocket, how do yo make out youre the victim.

Anyway, it matters not, you still have to pay it back,

You asked for a course of action, here it is, offer a repayment plan, at what you can afford and it will all even out.

xylophone

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Expectingorbringingupchildren/DG_10018869
Make an appointment with the benefits adviser at your local CAB or phone HMRC to discuss?

sarahk100574

Hi Lerwick,
I'm in agreement with g51. I think that as you followed the correct procedure it is your employers HR dept at fault here. They have an obligation to return a form SMP1 to you giving reasons why they cannot pay you SMP. This form is what you then take to DWP to then process maternity allowance.

Clearly you will suffer undue financial hardship as a result of their negligence... I would certainly be looking to argue the case for repayment if it was me.

do you know for a fact that your own immediate manager gave the matB1 to HR dept? Even so, it is still your employers fault that it wasn't processed correctly.

Don't worry about what other posters have said, your take home pay was not too dissimiliar to smp for them to be able to argue that you should have known by the amount being paid. (That being said, I hope its a lesson for you and others that you should ALWAYS double check your own affairs when it comes to pay/tax/benefits etc etc....! if you had made it your business to know, to the penny, and in advance, what you should have been taking home then you wouldn't have this mess to deal with now...)

Hope you get it straightened out soon!

lerwick

McKneff wrote: »

Again, no one is making you out to be the villain, theif or fraudster, You jump on the one poster who strokes your ego.

You, the victim,!!!! don't make me laugh, you are the one, who at the moment is 2.4k better off and your emplloyer is £2.4k out of pocket, how do yo make out youre the victim.

Anyway, it matters not, you still have to pay it back,

You asked for a course of action, here it is, offer a repayment plan, at what you can afford and it will all even out.

I am 2.4k better and my employer is out of pocket as you put it. I would have still been 2.4k better off (or slightly lower than that) if I had claimed directly from DWP as per maternity allowance from the onset, so my employer has not done me any favours.
And it matters because this payment cannot be backdated, therefore I do not have any money to pay it back.

skintandscared_2

McKneff wrote: »

Again, no one is making you out to be the villain, theif or fraudster, You jump on the one poster who strokes your ego.

You, the victim,!!!! don't make me laugh, you are the one, who at the moment is 2.4k better off and your emplloyer is £2.4k out of pocket, how do yo make out youre the victim.

Anyway, it matters not, you still have to pay it back,

You asked for a course of action, here it is, offer a repayment plan, at what you can afford and it will all even out.

But if the OP pays the whole amount back, how does she then claim what she SHOULD have received via the DWP, if her HR department had followed the correct procedure in the first place?! It's their fault that she didn't, not hers.

McKneff

skintandscared wrote: »

But if the OP pays the whole amount back, how does she then claim what she SHOULD have received via the DWP, if her HR department had followed the correct procedure in the first place?! It's their fault that she didn't, not hers.

The company have sent or will send the OP a form for the DWP to claim.

OP, you say you only 'think' that its too late but now you need to check, explain the circumstances, hopefully it wont be too late.

Do you also know exactly how much your MA would have been.

If you cant claim it back because its too late, then I would be having a fight with my employer to jst pay back the difference (as it was their fault)

Check first, then i would be thinking also of having a half hour free consultation with a solicitor

lerwick

McKneff wrote: »

The company have sent or will send the OP a form for the DWP to claim.

OP, you say you only 'think' that its too late but now you need to check, explain the circumstances, hopefully it wont be too late.

Do you also know exactly how much your MA would have been.

If you cant claim it back because its too late, then I would be having a fight with my employer to jst pay back the difference (as it was their fault)

Check first, then i would be thinking also of having a half hour free consultation with a solicitor

I have spoken to a someone from DWP who advised that it can't be backdated later than three months. The MA is the same rate as the SMP which is £128.73per week or 90% of your weekly earnings which ever is lower. I am currently getting legal advice as well. Thank you