Overpayment question

iluvmarmite

My daughters friend is on the assessment rate of ESA untill her WCA, which is this morning, she owes the DWP around £5000 due to overpayments ( don't really know the circs but I believe it was a fraud case a few years ago) they are stopping £20 a fortnight off her assessesment rate at the mo to recover the overpayment.

She has been on this rate since the end of October, if she gets into one of the groups she has been told she will get backdated payments in a lump sum from when she applied, I don't know if I am right about this but I thought since she owes so much money they will not pay her the back pay but take it straight off the over payment and then so much each week from the normal payment as well, she says they can't do that and have to give her all the back pay.

She didn't recieve an Xmas bonus, nor 2 winter payments that were triggered and I think it's because they won't give her extra money due to the overpayment and any that is due for anything will be taken straight off it and won't end up in her account. Am I right does any one know?

sja75

I think the DWP can use the potential back pay towards settling the previous over payments.

iluvmarmite

Thanks, so do I and I believe they have every right to do that as well.

Dunroamin

sja75 wrote: »

I think the DWP can use the potential back pay towards settling the previous over payments.

One would certainly hope so.

Jojo_the_Tightfisted

Are you asking so that you have an opportunity to compose your face if she gets told this?


After all, I can imagine it being hard not to laugh.

However, if she has been making a contribution towards the repayment each time, it may be that she's making her agreed repayments and they don't decide to take more. I wouldn't want to be someone she owed money to on the offchance.

sja75

Dunroamin wrote: »

One would certainly hope so.

Particularly in this instance if the 'fraud' was found intentional by the claimant.

iluvmarmite

I don't know for certain it was fraud but I can't think of any other reason.

I think it fair they don't give her the overpayment and on the plus side for her it will take the amount owed down a lot.

sja75

iluvmarmite wrote: »

I don't know for certain it was fraud but I can't think of any other reason.

I think it fair they don't give her the overpayment and on the plus side for her it will take the amount owed down a lot.

Without knowing the full circumstances of why you suspect fraud its hard to say...

However have a look at the following link, page 2 in particular.

http://data.parliament.uk/DepositedP...mApril2013.pdf

You could assume that the amount deducted circa £20.00 forthnightly is a result of a DWP error perhaps. If it was fraud I would have thought the DWP would have applied the maximum, double...

That said it still does not change the position whereby back pay / over payment is concerned mentioned earlier.

richard9991

iluvmarmite wrote: »

My daughters friend is on the assessment rate of ESA untill her WCA, which is this morning, she owes the DWP around £5000 due to overpayments ( don't really know the circs but I believe it was a fraud case a few years ago) they are stopping £20 a fortnight off her assessesment rate at the mo to recover the overpayment.

She has been on this rate since the end of October, if she gets into one of the groups she has been told she will get backdated payments in a lump sum from when she applied, I don't know if I am right about this but I thought since she owes so much money they will not pay her the back pay but take it straight off the over payment and then so much each week from the normal payment as well, she says they can't do that and have to give her all the back pay.

She didn't recieve an Xmas bonus, nor 2 winter payments that were triggered and I think it's because they won't give her extra money due to the overpayment and any that is due for anything will be taken straight off it and won't end up in her account. Am I right does any one know?

She is in assesment phase so wouldnt have got xmas bonus or cold weather payment anyway

sja75

richard9991 wrote: »

She is in assesment phase so wouldnt have got xmas bonus or cold weather payment anyway

True... Missed that