Overpayment of benefits from 1990s

Willing2Learn

Many years ago, I was overpaid benefits by both DHSS and Housing Benefit (this was before the DWP came into existence).

I deliberately did not inform them I had started work as I could not afford to be without the income for a few months.

About six months after my I began working, I went to both the DHSS and the Local Authority to advise them of my status. As evidence, I took with me my contract of employment and a typed statement confirming the dates I started work and how many weeks benefit I had been overpaid. The statement also confirmed my acknowledgement of overpayments, liability and willingness to pay. It also requested they invoice me so that I can pay upon receipt. The statement and evidence were submitted and I have photocopies of the original with their stamp, signature and date which was the way receipts were done in those days.

Since then I have heard nothing and have moved many years ago. My credit report shows the old address (via electoral register) and is linked to my current address so they should not have any problem finding me.

How long should I hold I hold on to my receipts/copy of my statement as I don't ever wish them to allege that I defrauded the welfare state. I'm obviously not inclined to contact them to offer payment as I would like them to invoice me for any amount due.

Every year I worry about this when I go through all my old paperwork and decide what to shred. But the photocopies are now starting to fade.

Is there a set period of time after which overpayments from the state become written off?

Apart from a car I 'bought' on HP and then sold without paying (also many years ago), I have repaid all me all my debts. I did try and find the creditor for the car by the way, through both a solicitor and twice through the police but I don't have a warrant against me and the debt can't be traced. I'd pay that one if I could.

Anyhow. Any advice please with regard to the overpayments?

Horseunderwater

Unfortunately they can trace you via your nat insurance number even when you die, sign on, get pension etc.

missapril75

If it was before they went computerised on a national basis the chances are the records don't exist anymore.

That's still a possibility even if it was after. If you have made a claim since then and nothing was picked up then any references to it have probably been destroyed.

There won't be a fraud charge as you "came clean" and advised them of what happened.

It's a bit odd that neither department has contacted you or attempted to trace you. But that's why I think any records have long since been destroyed.

Willing2Learn

I'm disabled and continuously receive DLA (mobility & care components). So they must know where I live.

Is the overpayment still valid though? Can I shred the letters / my statement confirming my liability and willingness to repay?

cockaleekee

Willing2Learn wrote: »

I'm obviously not inclined to contact them to offer payment as I would like them to invoice me for any amount due.

Why are you not contacting them? You know that you owe the money. Do you think it is ok to steal from the public purse? That is what you are doing by choosing not to pay up.

missapril75 wrote: »

If it was before they went computerised on a national basis the chances are the records don't exist anymore.

You're wrong on that - they are archived, and every so often some poor soul takes random batches and tries to recover aged debt.

cockaleekee

Willing2Learn wrote: »

I'm disabled and continuously receive DLA (mobility & care components). So they must know where I live.

Is the overpayment still valid though? Can I shred the letters / my statement confirming my liability and willingness to repay?

Yes, the overpayment is still valid. They cannot enforce it through the courts, but they can deduct it from your benefits at any point in the future.

jackjones01

State benefits can not become statue barred so they could come chasing you for the debt at any time. If its more than 6 years old they can not take you to court for it, however they can deduct it from any future benefits you may received.

Willing2Learn

cockaleekee wrote: »

Why are you not contacting them? You know that you owe the money. Do you think it is ok to steal from the public purse? That is what you are doing by choosing not to pay up.

Hi,

I have written to them. I have accepted liability in writing. I have acknowledged the overpayments in writing. I have requested they send my an invoice so that I can settle the full amount. I handed the letters to them in person after waiting in a queue and was interviewed by them. But they haven't asked me for the money.

Please don't pass judgement on me. I never made an attempt to steal. I walked into their offices without prompting or any investigation by them, handed them my statement advising them of the overpayment and my willingness to pay in full upon receipt of invoice. That is not the action of someone who is trying to receive benefits fraudulently.

Willing2Learn

cockaleekee wrote: »

Yes, the overpayment is still valid. They cannot enforce it through the courts, but they can deduct it from your benefits at any point in the future.

jackjones01 wrote: »

State benefits can not become statue barred so they could come chasing you for the debt at any time. If its more than 6 years old they can not take you to court for it, however they can deduct it from any future benefits you may received.

Thank you both (and everyone else) for your comments.

I will hold on to the original paperwork and both statements confirming my offer of payment upon receipt of invoice. I'll probably scan the documents on to my PC to keep them intact digitally in case they fade too much. I look forward to receiving their invoice

cockaleekee

Willing2Learn wrote: »

Hi,

I have written to them. I have accepted liability in writing. I have acknowledged the overpayments in writing. I have requested they send my an invoice so that I can settle the full amount. I handed the letters to them in person after waiting in a queue and was interviewed by them. But they haven't asked me for the money.

Please don't pass judgement on me. I never made an attempt to steal. I walked into their offices without prompting or any investigation by them, handed them my statement confirming their overpayment and my willingness to pay in full upon receipt of invoice. That is not the action of someone who is looking to trying to commit receive benefits fraudulently.

You are intentionally causing a loss to another (the public purse), and intentionally making a gain for yourself - that is the legal definition of fraud. This intent was there from the outset - you failed to advise them when you started work. The intervening acts are irrelevant.

Why not simply send them a cheque? Then the problem is solved.

sammyjammy

They are not going to "invoice" you. You owe the money, they know you owe the money. At some time in the future you will no doubt get a demand for payment, you can then pay it. If it worries you that much then contact them and offer payment of the debt, if it doesn't then sit back and wait for what might or might not come..

You say you did not defraud the tax payer but what you did do is deliberately take and spend tax payers money that you knew you weren't due, in my camp that's fraud.