overpayment of income support

lauren1983

Hi,
I wonder if someone could confirm something for me please?

Is it now the law that the DWP can reclaim any overpayments of income support even if it's due to an error on their part?

My father contacted them in 2009 to inform them of a mine workers pension he started to receive, he was told he would get details if there were to be any changes to his benefits.He heard nothing until a month ago and now he owes nearly £3000.

I posted on the CAB thread before Christmas and got some advice from a nice member but just wanted to confirm the question above.

thank you very much

miduck

If he can prove that he contacted them, the overpayment may be written off as an official error.

Horseunderwater

Did your Father do it in writing or by phone call? If in writing there should be a physical copy on his file, if by phone, then there ought to be a record of his call, which should help prove that they were told at the time, so therefore offical error. If that makes sense.

sleepless_saver

If he does not have the evidence that he contacted them (e.g. date, who he spoke to, copy of letter etc) he should make a subject access request to DWP to ask for details of all contacts between himself and DWP over the period when he contacted them.

lauren1983

thank you for your replies.

we have no details of the call so will try to make a subject access request and go from there.

thank you