Overpayment + fines from DWP

Elvisia

I was on Carers Allowance and I did some sporadic work over summer, I declared it all properly and was written to to say I had a huge overpayment as the averaged my pay out over the summer rather than taking it on a week by week basis. They also gave me a Civil Penalty to say I didn't tell them I was working when I first started; this is incorrect as I rang them but my call is not on my DWP file. I wrote them a letter appealing against this, and on Thursday I got a letter saying they had received this and they were reviewing it. It was sent within two weeks of getting the overpayment, so it was well within the time limit.

On Friday I got a letter saying I still owed the money but the amount on the letter was £60 more than before. Have they added on a late payment charge or something, the letter doesn't say why it's suddenly more? Also do I need to worry about this extra fee as I have already appealed my case, am I safe to assume that even if I lose the appeal I won't have to pay this extra £60?

I can't ring them until Wednesday as I am in college all day Monday and Tuesday, and I am beginning to panic.

cattie

It is actually quite common for the figure owed to change when somebody appeals an overpayment & quite often it does increase. It isn't an an additional amount added on for late payment or anything, it is usually because somebody different reviews your case & adds up the figures & comes to a completely different conclusion. Did they send you a break down of how they have worked out the overpayments?

If you are able to add the figures up yourself to see what amount you believe you actually owe them, then you could try sending them a breakdown of how you arrived at your particular figure.

princessdon

Elvisia wrote: »

I was on Carers Allowance and I did some sporadic work over summer, I declared it all properly and was written to to say I had a huge overpayment as the averaged my pay out over the summer rather than taking it on a week by week basis. They also gave me a Civil Penalty to say I didn't tell them I was working when I first started; this is incorrect as I rang them but my call is not on my DWP file. I wrote them a letter appealing against this, and on Thursday I got a letter saying they had received this and they were reviewing it. It was sent within two weeks of getting the overpayment, so it was well within the time limit.

On Friday I got a letter saying I still owed the money but the amount on the letter was £60 more than before. Have they added on a late payment charge or something, the letter doesn't say why it's suddenly more? Also do I need to worry about this extra fee as I have already appealed my case, am I safe to assume that even if I lose the appeal I won't have to pay this extra £60?

I can't ring them until Wednesday as I am in college all day Monday and Tuesday, and I am beginning to panic.

If you are in college 2 days a week is your course classed as full time?

Elvisia

The letter they sent on Thursday was saying they had received my overpayment and were reviewing it, the letter on Friday said I still hadn't paid them the overpayment and I owed them this amount (which was £60 more). I have broken down exactly what I should owe which I sent them, I also worked out how they came to their original figure (which is right if you average out the amount I earned, they assumed I was paid monthly which I wasn't). So the new figure doesn't match up, it also doesn't say it was a result of the appeal, just that I hadn't yet paid it and it was due by the end of the month. I don't think it's a result of the appeal as it doesn't mention it in this letter, I am hoping they've either just overlapped or else it's from different depts.

Yes I am in full time education, I have 9 hours of classes a week, and 9 hours of work outside. I told the DWP this before I started and they sent a form to my college to fill out, because it's a new course it was advertised as being 30 hours a week to start with so the form was returned from my college with 30 hours on it. My carers allowance was stopped and that's my second appeal, as soon as I can get someone at the college to write a letter to say that was wrong and the hours are in fact only 18 in total which brings in me under 21 hours of education a week.

princessdon

Elvisia wrote: »

The letter they sent on Thursday was saying they had received my overpayment and were reviewing it, the letter on Friday said I still hadn't paid them the overpayment and I owed them this amount (which was £60 more). I have broken down exactly what I should owe which I sent them, I also worked out how they came to their original figure (which is right if you average out the amount I earned, they assumed I was paid monthly which I wasn't). So the new figure doesn't match up, it also doesn't say it was a result of the appeal, just that I hadn't yet paid it and it was due by the end of the month. I don't think it's a result of the appeal as it doesn't mention it in this letter, I am hoping they've either just overlapped or else it's from different depts.

Yes I am in full time education, I have 9 hours of classes a week, and 9 hours of work outside. I told the DWP this before I started and they sent a form to my college to fill out, because it's a new course it was advertised as being 30 hours a week to start with so the form was returned from my college with 30 hours on it. My carers allowance was stopped and that's my second appeal, as soon as I can get someone at the college to write a letter to say that was wrong and the hours are in fact only 18 in total which brings in me under 21 hours of education a week.

You can get the GLH for your course on line. Im not sure, however, that FT students can claim carers allowance IF the college deem the course FT, even if under 21 hours a week.

Elvisia

You can get CA if you are in full time education, it just has to be under 21 hours a week (including essay writing time at home). The DWP said the rules continually change as people keep taking them to court! I have spoken to them about this several times. The college website used to say it was 30 hours a week study but they have thankfully taken that off as it's now changed, the DWP said I just need a letter from the college to say how many hours it is officially now. I hope. At this rate I am not holding out much hope...

nannytone_2

full time studenys cannot receive CA.
the number of hours is a bit of a red herring.
what counts is whether the college counts it as a part time or full time course[

if the college classes the course as part time, you can study for upyo 31 hours a week.
but if the say it is a full time course, it doesnt matter how many hours you study for, it is classed as full time and so you will be exclyded from claiming CA/B]

Elvisia

You can, I spoke to them only last week about this. Their website states that you can't get CA if:

"you’re in full-time education, and studying for 21 hours a week or more (this includes supervised study and things like coursework and experiments, not just time spent with a tutor)"

But according to their advisors if you are under 21 hours a week it's fine.

princessdon

Elvisia wrote: »

You can get CA if you are in full time education, it just has to be under 21 hours a week (including essay writing time at home). The DWP said the rules continually change as people keep taking them to court! I have spoken to them about this several times. The college website used to say it was 30 hours a week study but they have thankfully taken that off as it's now changed, the DWP said I just need a letter from the college to say how many hours it is officially now. I hope. At this rate I am not holding out much hope...

Id get that in writing from them. My students tell me (as I am not familiar) that it is denied if the course is FT or even if PT over 21 hours. I think its an OR situation. FT or over 21.

If they are telling you different then I'd get this in writing or maybe things have changed, CA isn't something I am not that up on.

nannytone_2

princessdon wrote: »

Id get that in writing from them. My students tell me (as I am not familiar) that it is denied if the course is FT or even if PT over 21 hours. I think its an OR situation. FT or over 21.

If they are telling you different then I'd get this in writing or maybe things have changed, CA isn't something I am not that up on.

thats how i understand it too.
it all depends on the college's defonition of whether it is full time ( number of hours irrelevant) or part time ( up to 21 hours)

Elvisia

I'll let you know the outcome of that, also in case anyone who is in FT and getting CA searches here for the answer. I have spoken to several advisors who all said you can be in FT education as long as it's under 21 hours, and because the rules are changing they expect they may be a point where you can be in FT and over 21 hours. The argument is that you can be caring while writing essays, so for example I spend two days (9 hours of class) at college but for the other 5 days I am caring round the clock and therefore more than fulfilling my 35 hours a week of caring. The DWP very happily sent out the form to my college to check the number of hours, despite knowing it was FT. They said the only reason my CA was cut off was because the form came back with 30 hours on it.