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Loss of Severe disability payment
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zbody
Posts: 106 Forumite

I have been receiving the severe disability payment on top of my income support, (I get high rate DLA). However I have been informed that I am no longer entitled and that I must repay four years of over payment.
This situation has arisen because I have a friend sleeping on my sofa. He gets ESA (paid to him at this address) and has agoraphobia, personality disorder and severe anxiety, he came here whilst he was sofa surfing and has no relationship with his family. He pays no rent , buys his own food and is simply company. I let him stay because I felt sorry for him and have helped support him get into therapy. (As this is the first time he has tried to tackle his issues , even despite the loss in benefit I will not ask him to leave)
I informed the city council in case it affected my council tax or housing benefit but did not realise that it was also a condition of part of my income support severe disability benefit, as this was added after I received higher level DLA, I assumed it was simply linked to that.
Whilst I am resigned to losing 60 quids worth of benefit a week (and struggling with it) I am most worried about repaying FOUR years of overpayments ! I have never lied on any form, never sought to recieve money that was not due, indeed most of the money I have got has been as a result of automated upgrades or DWP calculations. I have always contacted them about changes, even losing benefits when, for a short period i got money for being a city councillor. Indeed we sought a community fund payment for extra storage for his things and stated that is what they were for.
I will be struggling with the sudden loss of money as it is, but with repayments too am terrified I will not be able to pay my bills.
Is there anything I can do ?
Is there a maximum they can reclaim per week ?
This situation has arisen because I have a friend sleeping on my sofa. He gets ESA (paid to him at this address) and has agoraphobia, personality disorder and severe anxiety, he came here whilst he was sofa surfing and has no relationship with his family. He pays no rent , buys his own food and is simply company. I let him stay because I felt sorry for him and have helped support him get into therapy. (As this is the first time he has tried to tackle his issues , even despite the loss in benefit I will not ask him to leave)
I informed the city council in case it affected my council tax or housing benefit but did not realise that it was also a condition of part of my income support severe disability benefit, as this was added after I received higher level DLA, I assumed it was simply linked to that.
Whilst I am resigned to losing 60 quids worth of benefit a week (and struggling with it) I am most worried about repaying FOUR years of overpayments ! I have never lied on any form, never sought to recieve money that was not due, indeed most of the money I have got has been as a result of automated upgrades or DWP calculations. I have always contacted them about changes, even losing benefits when, for a short period i got money for being a city councillor. Indeed we sought a community fund payment for extra storage for his things and stated that is what they were for.
I will be struggling with the sudden loss of money as it is, but with repayments too am terrified I will not be able to pay my bills.
Is there anything I can do ?
Is there a maximum they can reclaim per week ?
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Comments
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I have been receiving the severe disability payment on top of my income support, (I get high rate DLA). However I have been informed that I am no longer entitled and that I must repay four years of over payment.
This situation has arisen because I have a friend sleeping on my sofa. He gets ESA (paid to him at this address) and has agoraphobia, personality disorder and severe anxiety, he came here whilst he was sofa surfing and has no relationship with his family. He pays no rent , buys his own food and is simply company.
Unfortunately, this is correct.
In order to be eligible for the severe disability premium you need to be living alone.
You're not.
There are exceptions to this rule - but it seems clear that he doesn't fall into any of them.
Unless you were advised wrongly by the DWP that you could claim while someone was living there - there isn't a way out.
The council are unfortunately not the right people to tell.
As to recovery - are benefits your only income, and do you have any capital?
There are limits on the amount that can be recovered - but at £12000 overpayment - prosecution is a significant possibility, if you are found to have done this intentionally.
If prosecution occurred, then you can in principle be subsequently prosecuted for recovery of assets, which could include being forced to sell assets you normally could not be, such as your home, if you own it.
In principle, your friend should have claimed carers allowance, for looking after you, which would have increased his ESA, which he could then have paid you.
This would be an extra £32/week.
I am unsure if it is possible for him to make a backdated carers application, and for what period it would be possible, given that you have not been entitled to SDP.
If you are prosecuted - it's vital that you get a lawyer that understands benefit law, as it may be mitigation that the loss to the taxpayer was £6000, not £12000. This may go towards making a custodial sentence less likely if you are found guilty of intentionally defrauding the system.0 -
does the friend get dla?0
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Thanks for your comments x
I am hoping that it wont come to prosecution, as the woman on the phone (yet to receive letter) said it would be recouped through my benefit. It may also help that I volunteered the information in a review rather than being found out during an investigation. It was just a stupid lack of understanding on my part. Did search the DWP website and could not find the relevant regs or a link. But I know thats no defence.
No he doesnt get DLA , he was advised to apply when he won his ESA tribunal but after 8 months of fighting was too stressed to. He has only just got back into therapy (starting next month) because of the stress being to much and suicidal thoughts. If I had thought (or known) I would have pushed him to.
The tribunal for him decided that his working was a danger to himself and others, so arguing that he could be my carer would be odd. Sad thing is an "vunerable adult" if I had chucked him out he would probably cost benefits more. Though I know the systems not set up like that.0 -
Oh and I have no other assets ...£6 pounds in the building society and flat is rented from local authority - irony is on Monday was saying by July I would finally be debt free !0
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Thanks for your comments x
I am hoping that it wont come to prosecution, as the woman on the phone (yet to receive letter) said it would be recouped through my benefit. It may also help that I volunteered the information in a review rather than being found out during an investigation. It was just a stupid lack of understanding on my part. Did search the DWP website and could not find the relevant regs or a link. But I know thats no defence.
No he doesnt get DLA , he was advised to apply when he won his ESA tribunal but after 8 months of fighting was too stressed to. He has only just got back into therapy (starting next month) because of the stress being to much and suicidal thoughts. If I had thought (or known) I would have pushed him to.
The tribunal for him decided that his working was a danger to himself and others, so arguing that he could be my carer would be odd. Sad thing is an "vunerable adult" if I had chucked him out he would probably cost benefits more. Though I know the systems not set up like that.~~~~~~~~~~~~Halifax, taking the Xtra since 1853:rolleyes:~~~~~~~~~~~~0
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