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DSS overpaid me by £250, which they would like back

starfish_chimp
Posts: 55 Forumite
I had a letter from DWP saying they overpaid me £250 income support last year, due to a mistake in their office. They say by law I must pay it back. Is this true? If it is, does anyone know what are the best terms I can ask for are re-payment e.g. spread over a year.
Many thanks.
Many thanks.
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Comments
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I was in same situation 3yrs ago. They over paid me and I kept telling them they had overpaid me, but they insisted they owed it me it was mine and I could spend it. I didn't spend it because I knew they had made a mistake so was in the position to pay it straight back. I would ask them for a payment plan paying what you think you can afford because they have said its their mistake.0
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was it official error ? eg did you tell them of a change but they ignored what you told them?0
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I have found a report about letters that were sent from DWP about overpayments of income support:
http://www.cpag.org.uk/welfarerights/overpayment-recovery/overpayment-recovery.htm
which seems to suggest (if I've read it correctly) that the DWP has no right to say they can recover the money where it was overpaid because of their mistake (a bit more complicated than that, but that's the general drift)
However, (and I must stress this) the ruling was a few years ago and things could have changed since then.
People will no doubt be along to tell you that you will be allowed to make a suitable repayment plan depending on your financial circumstances and this is true.
BUT I do think it is worthwhile your finding out whether the DWP are allowed to ask for recovery of the money where it has arisen from their mistake.
You might like to visit CAB for this but you will need a Welfare and Benefits specialist (find your nearest one on CAB website)
It might be useful to print off the report from the link above and take it to CAB.
Good Luck!
There might be a much more knowledgeable person than me who knows if the report has been superseded by something different who will come along to help.
Main thing is not to worry - if you have to pay it back you won't have to pay it back all at once. CAB could help you put together an offer based on your financial circumstances.
PS Forgive the large print but couldn't access the site last night to reply and have had to copy and paste this morning and can't reduce the size (bit of a technophobe!)0 -
Thank you all very much. It was THEIR mistake they admit. My benefits were reduced but one office delayed telling another. Hello fellow-technophone Lindy! Yes, my feeling is that the law may have changed. I may go to CAB (though its very oversubscribed where I am and alot of hassle when I am ill). It is the last thing I need, but anyway, thanks for your responses.0
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Oh god I am going through this - I have a much bigger overpayment due to being mis-advised in their office and I am panicking. I was paid some money over a series of months by my parents to do work for them which I duly went in to declare, but was told since it's just my parents they were not bothered by it. Now I find out I should have declared it, and I will have to pay back JSA from last summer. I assumed that because I spoke to an advisor, they would give me the correct information. I spoke to the CAB yesterday, and this is what they said:
1) Go visit them (the CAB) with all your paperwork
2) The JC can only take £10.20 off your JSA a week, they can't demand it all back in one go
3) The CAB can ring them on your behalf and negotiate the amount, particularly if it puts you in hardship
4) If you sign off they will still want the money back but you can negotiate a lower amount if you show you are not earning much
5) They can't just send you a bill and ask you to pay up
and I am sure I read recently that if it's their mistake they can't claim it back. However ask the CAB as the JC are obviously not going to admit that! I am having a stressful time there too, I did everything by the book but I am now being treated as if I were a criminal.0 -
Hello Elvisia, sorry to hear about all that.
Their letter to me says "The money must be paid back under the law" so I guess that is clear in one way. I am still dubious though and may check.
The reason for the overpayent was because one of their offices did not tell another about a change in my circumstances; i.e. it was nothing to do with me.0 -
I had a similar situation many years ago where HB over paid me to the tune of £600 in a year, they admitted it was their error and that I had written to them more than once to tell them this, anyway they still wanted to claim it back.
I saw a solicitor about it (legal aid) and they were able to find a precedent which stated that IF paying the money back when it was THEIR error would put the claimant into financial difficulty then it was illegal.
The council backed down and I didnt have to pay it back. Get some proper advice and find out the legalities of this."If you can't say anything nice, don't say anything at all" - quote from Bambi's mum0 -
You need proper advice as to the recoverability of this 'debt', but if it is recoverable, don't worry too much.
If you're still on benefits, it'd be deducted from your entitlement gradually. There are limits to this, and I think they can take a max. of about £10 per week if the overpayment wasn't incurred through fraud on your part, or about £13 if the overpayment was incurred as a result of fraud. Please check on this, as amounts are approximate (and, in my line of work, I've seen much higher deductions, but often as a result of very complex circumstances, i.e. the claimant is also paying things like utilities and rent arrears via direct deduction at the same time).
If you're no longer on benefits, similar low-level repayment plans are still totally possible.
Either way, it'd be cleared in no time, but try to make an appt. at the CAB or similar just to check whether or not you have to repay.======================================
Target: £1,000 cash gift for OH's 40th in Feb 2013
Progress: £86 / £1,000
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Why dont you write to the DSS suggesting the person who made the !!!! up pays half?The DWP = Legally kicking the Disabled when they are down.0
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I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites
If you are in any doubt please seek legal/expert advice help0
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