Benefit overpayment discovered

~Chameleon~

Going through a relative's bank statements has uncovered a significant benefit overpayment. The benefit in question is the SDP part of ESA(IR) and should have ceased several months ago when someone else began claiming CA for them.

When asked, they can't remember whether they notified DWP of change in circumstance. It's likely they assumed the new CA payment would trigger DWP to reassess claim. They are now worried sick that they might be deemed to be claiming fraudulently. Any advice please?

rogerblack

In principle, yes, it could be considered fraud.
However.
All that can be done is for them to own up as soon as possible.
It is unlikely any action other than recovery of the overpayment will occur.

missapril75

I believe there was always a principle that if the information came from the party getting money they shouldn't (or someone on their behalf), albeit late, before it was discovered by some other means, then it was not considered Fraud.

It's possible that may have changed.

But even if they were already investigating I'd agree with rogerblack.

There is actually an internal system for this to be picked up anyway, so better act before then.

~Chameleon~

Thanks for the advice. Would this be better done by phone or letter? Or is there an online facility available these days? The person in question struggles with communication issues.

missapril75

Writing something suitably worded (as done here) with them signing to agree the circumstances would be okay.

~Chameleon~

Just to re-visit this. The DWP were informed of the change of circumstances over a month ago yet are still paying the SDP part of ESA (IR). This is becoming a serious worry now as the overpayment is building up and the person in receipt of the benefit has unwittingly spent a considerable portion of it.

Any idea why they're taking so long to amend the payments?

xylophone

as the overpayment is building up and the person in receipt of the benefit has unwittingly spent a considerable portion of it.

You mean that the disabled relative spent a large part of the overpayment a month ago? Presumably any money overpaid since the error was discovered is being held in the account pending a communication from the DWP?

The relative ( or carer) could ring DWP to find out what is going on?

enabledebra

If the fact(s) have been disclosed the portion of the total overpayment from the date of disclosure isn't usually recoverable but it's a good idea to call them again to make sure they have receipt of the letter or a note of the call to be sure they won't challenge the claim of disclosure. There's more info here http://www.dwp.gov.uk/docs/dmgch09.pdf