overpayment of incapacity benefit

fishing-girl

my husband was diagnosed with leukaemia 6 yrs ago and is doing fine,
he was pensioned off from work on grounds of ill health 5 1/2 yrs ago and has been paid incapacity benefit.
today he received a letter to say that he is still entitled to this benefit but his private pension takes him over the payment threshold.
and now they want to reclaim about £25000.

they original application was made by human resources on his behalf when he retired, he has submitted all his income and pensions every year when required and it has never been questioned.

what is our position now?

i understand that the gov has a right to reclaim overpaid benefit, but this was not our fault, and all income was declared.

any help would be appreciated.

Cpt.Scarlet

Get face to face advice immediately and don't agree to anything until you have.

rogerblack

In principle, you have a claim against the human resources department who filled the form. This may be at best, weak.

However.

For this amount, it is vital that you obtain good advice.
If the overpayment stands, and the view is taken that he did this intentionally, then a criminal prosecution, followed up potentially by recovery of assets procedures, which would let them (for example) force sale of a house you live in to recover the overpayment, and any penalty amount.

If in fact he has properly declared his pension each year (to the DWP - HMRC are irrelevant), then he may have an overpayment, but this may not be recoverable at all due to official error. If this is the case, nothing would happen other than his IB stopping.

Proper advice is vital - even if you have to pay for it.

xylophone

original application was made by human resources on his behalf when he retired,

I am puzzled by this - http://www.dwp.gov.uk/advisers/claimforms/sc1_print.pdf
presumably this claim pack with notes will have been supplied?
"Signing the form for someone else
The claim form should only be signed by someone else if
● the person who is making the claim is not mentally able to act on their own
behalf

Was this true of your husband? Even if it were, surely HR would have read this?
Pension income
If you have a pension income before tax of over £85.00 a week, your
Incapacity Benefit and any Incapacity Benefit you are claiming for anyone
else, will decrease. We will look to see if you have a pension income.

You say that the pension income was declared - declared to whom?

benefitbaby

rogerblack wrote: »

In principle, you have a claim against the human resources department who filled the form. This may be at best, weak.

However.

For this amount, it is vital that you obtain good advice.
If the overpayment stands, and the view is taken that he did this intentionally, then a criminal prosecution, followed up potentially by recovery of assets procedures, which would let them (for example) force sale of a house you live in to recover the overpayment, and any penalty amount.

If in fact he has properly declared his pension each year (to the DWP - HMRC are irrelevant), then he may have an overpayment, but this may not be recoverable at all due to official error. If this is the case, nothing would happen other than his IB stopping.

Proper advice is vital - even if you have to pay for it.

Excellent advice and I would also suggest making a data protection subject access request and ask for copies of all the forms, letters and documents that the DWP hold so you have all the relevant paperwork.