Help required - benefit overpayment/fraud

dvds2000

hi all, was wondering if anyone could give some advice please.

My girfriend came out of a long term abusive relationship in December. She works, but claims some benefits, like HB, CTB, WTC and CTC. She was also claiming Carers allowance for her ex partner.
In December when she told him to move out she contacted all the benefits people and told them of this. She also went to the bank and removed her details from the joint bank account, and opened herself a new one, also informed all benefit people.

Everything was sorted , or so she thought until yesterday when she got a letter from the DWP telling her there had been an overpayment of £891. She rang them and they told her it was for Carers allowance paid between December and April this year. They are denying getting the phone call from her and paid the money into the old joint account, so he obviously got the money.

Problem is, at the time she had a PAYT phone, so there are no records of calls made, so I can't see how she can prove she informed them. I have no doubt she did, she informed all the other agencies, utility companies, bank etc, so definately wouldn't have just left that, especially seeing as he was getting the money and not her.

To me this is fraud as he got the money knowing he wasn't entitled to it. She rang him yesterday and just got a load of abuse down the phone, stuff like '!!!! off, what you going to do about it', so trying to sort it nicely isn't an option.

Anyone any idea what to do from here? They have said they will investigate it but she's worried in case she has to pay back money that she didn't even get.

Dunroamin

If the old joint account became a single account in the ex partner's name, then presumably she can prove that she no longer had access to it and that he has had the money.

dvds2000

yes, and she told them that she would get a letter or something from the bank to prove that, but they said it didn't matter as the claim was in her name

dvds2000

Well they just rang her to say they can't find the phone call so she has to pay the £891, anyone got any ideas?

mumx3

If nothing can be found then I think she will have to pay as it's her word against theirs. Can she speak to a manager and see if they can look 'harder' for the call, if she is sure she rang them then surely the call must be there. Not sure how long they keep calls though?

BurnleyBob

OP - She could make a Subject Access Request to the DWP that will detail all the information that they hold about her. http://www.dwp.gov.uk/privacy-policy/data-protection/

When she gets the info, she'll hopefully be able to pinpoint the phone call if her memory serves. If and when she does, the next step would be to request a copy of the conversation (which they certainly squirrel away) because providing evidence that she phoned them isn't evidence that she made clear to them what she claims she said.

It might be a long process but for £891 and the satisfaction of being vindicated then it would be worth her using all means necessary.

I think they can charge a maximum of ten pounds for satisfying an SAR.

dvds2000

thanks, ill get her to try that

benefitbaby

dvds2000 wrote: »

Well they just rang her to say they can't find the phone call so she has to pay the £891, anyone got any ideas?

Yes, she needs to put in an appeal on a GL24 appeal form and she needs to set out everything you have detailed in your OP. As long as an appeal is lodged within one month of the date on the decision letter the DWP have to suspend recovery of the overpayment until the appeal is decided (either under reconsideration or tribunal).

In order for the DWP to be successful in any appeal - and therefore able to recover the overpyament - they are bound by caselaw (R(SB)6/85) to prove on the balance of probabilities that your g/f failed to disclose the material fact that she had moved out and changed banks.

If possible your g/f should get evidence from other DWP departments to show she notified them as this adds weight to her argument that she did disclose to CA (it is odd though that they have no record of 2 telephone calls - could your g/f have overlooked telling the CA department?).

It may be that another DWP department has evidence that they liaised with CA and the CA department did not act on it.... this has happened before. To establish this your g/f should make a subject access request to the DWP as described in previous post.

PippaGirl_2

dvds, just checking re joint account. No bank will remove anyone from a joint account at their request only, they need the written permission from the other joint account holder before they would do that. Did her ex sign the form? I'm wondering if it was only her request as your post implies whether it was actually implimented. If not, that might complicate things even if she no longer had practical access to it via cards/cheques etc.