Can this happen?

Chrissiew

About 9 years ago someone got done for benefit fraud to the amount of around £8000, she was taken to court and ordered to pay it back, she was on the Incapacity benefit at the time and this continued and the DWP stopped £30 a fortnight for the overpayment.

In March this year she was transferred to ESA contribution based and put in the WRAG, she wasn't asked to go for a WCA just put straight in the group, they are stopping £70 a fortnight off her ESA money for the overpayment as she has still got a few thousand to pay back.

The letter she received stated that she will be up for review in Nov. now she reckons that they gave her the benefit without a medical because she owes them so much money and if they were to take her off benefits they wouldn't have so much control over getting the money back. Could this be true? According to the guidelines she should have definitely been called in for a medical with the illness she has, I think she will have to go for one in nov. but she reckons they will just keep renewing the claim automatically without the need untill the overpayment is finished.

rogerblack

No, the departments are quite separate.
A reduction of 70/week seems high.
Does she have other household income or assets?

midnight_express

They can take up to a third of your benefit towards repaying an overpayment.

HB58

According to the OP, they are taking £70 per fortnight. I think DWP would seek repayment even if benefit was no longer being received, but I accept that it might be a more difficult process.

I wonder whether the person in question is actually due for review in November, or whether it is another example of a (seemingly) random date on the decision letter?

rogerblack

HB58 wrote: »

According to the OP, they are taking £70 per fortnight. I think DWP would seek repayment even if benefit was no longer being received, but I accept that it might be a more difficult process.

I wonder whether the person in question is actually due for review in November, or whether it is another example of a (seemingly) random date on the decision letter?

http://www.rightsnet.org.uk/forums/viewthread/3342/
I note the following thread.

lovinituk

rogerblack wrote: »

http://www.rightsnet.org.uk/forums/viewthread/3342/
I note the following thread.

Funniest response on there....

I’ve seen it too. Could it be a very late milleneum bug?

:rotfl::T

Pennywise2012

ESA is approx £40 a fortnight more than JSA, once the claimant has been assessed, so I assume that would be why they're now taking an extra £40 off her?

To be honest, having read threads on here about the medicals, it's probably a good thing that she didn't have to have one - she could have found herself back on JSA.

Chrissiew

For the first 2 payments she got £210 a fortnight then it dropped to £140 a fortnight because of the money they are recovering, the letter she received stated she would get the benefit from April and it would be reviewed in November

bubbles200957

A friend of mine a few years back was also caught for benefit fraud of housing benefit. She admitted it and obviously had to pay the money back. Being a single mother to four children, she was also working a 16 hour a week job she still had to pay the money back at a rate of £100 per month.
Within a month of going to court, she recieved a invoice from the council involved. It stated on there that if she could not pay in full then to fill an expenses sheet in and send back with her proposed amount. They would then review it and either agree or disagree and state the amount they think she can pay after seeing her incomes and outcomes. Luckily all her figures were accepted and she paid them back at the proposed £100 per month.
Therefore whether the person is on benefits or not i dont think really matters, if you dont set up a agreement with you, they take the matter back to court (which petrified my friend) and they apply to recover the full amount by any way necessary (i.e bailiffs).

bubbles200957

Chrissiew wrote: »

I have now reported you due to the fact I was asking advice about something and you have tried to turn it into a post about me, I am sick of posters, not just me, asking for advice and then get picked on by people like you.

I agree with you here completly Chrissie. As ive said in previous posts i have spent about 3 months checking the site out ( i like to look at the shopping vouchers and discounts etc) as i find reading threads can be very interesting....sometimes. I have noticed that recently there are many posters that begin threads for advice and there seem to be a select few ( that ive seen) drag them down and post abuse.
It is appauling how supposed "adults" behave in this manner, it should be a pleasant posting place according to the rules i agreed to today, and yet some people make it more like a boxing ring.