Government Debt from 2006 NOW they want it BACK! Help pls

Ap_hazard_42

My dead father estate accounts have been issued to us. He made a mistake in 2006 claiming a payment/subsidy. The government body penalised him in 2006 and took a percentage of his payment back.


Now once he's dead in 2013/14 they are claiming they made a mistake in 2006 and didn't take the correct percentage and are now withholding payment for this year. for e.g there was meant to be £5,000 paid into the estates accounts but now the government body have withheld monies dating from 2006 and paid £600 in to the estate accounts.


Can they do this?


Many thanks...feeling robbed again!

jacques_chirac

If you are referring to the DWP then yes, they can deduct old debts from new payments. I expect other departments are the same.

Ap_hazard_42

Thanks for your reply Jacques Chirac, not DWP but other government agency. Have heard that if government make a mistake with tax credits they can only claim back monies upto 2 years. This is not the agency we are dealing with.
We are talking about a mistake they made 7 years ago. Don't understand why its an issue once he's dead!

madbadrob

Any over payment by any government body once realised can be claimed back so yes they can do this. If you feel they are wrong I would advise you to contact a solicitor and fight it

Rob

Ap_hazard_42

Hi Rob,


If its not my relatives trying to take from my father estate (you have commented before and you were a great help) now its the government.
The above is not an overpayment but a penalty from 2005 (checked dates again). It appears a new scheme was introduced by the government that year and the body made loads of mistakes. Yes he did make a mistake and claim incorrectly but it was the first year of the scheme. He then paid a percentage that they asked for back to them. But on a second look (8 yrs later!) they find they didn't take enough money and now have held part of the payment from this years payment. What's frustrating is that no one else would be able to take a payment back 8 yrs on especially when it was their mistake.


Yes I will be taking legal advice again to find yet again that we have 'no rights'.
Would love to just move on now but have money left for my mum to enjoy her life.


Thanks for your help

uknick

OP, excuse my ignorance, but how can the Government withhold a payment from a dead person?

Or, more to the point, why are they still paying a dead person?

Is this some form of tax repayment they are holding?

madbadrob

am guessing this is one of those payments that are paid annually and up on death you receive a pro rata amount.

The government bodies such as Dwp can claim back money years and years after the date of the error. I would be arguing (even if futile) that they rectified the overpayment back in 2005/6 and that this is now totally wrong hence why I suggested legal advice

Rob

Ap_hazard_42

Hi, my father farmed, he was given land payments by the RPA. He was the grazier of some land and claimed the land payment but so did the owner. Verbally my father was told he could but the landlord changed his mind. In 2005 the RPA took money back as a penalty (@£4,000), but now are saying it wasn't enough now. They didn't take the right amount back. They are now withholding 4,000 plus that should be used to look after the boundaries of the land ..weeds, conservation etc...My mum will be passed the land and be expected to look after it. The RPA made lots of mistakes in 2005 as it was a change in the system. Has anyone else had this problem?


Thanks Rob, I am looking for a solicitor who specialises in this. But just eating up the residue ...


Cheers

Ap_hazard_42

Thank you uknick, pls see reply above.

ash28

Ap_hazard_42 wrote: »

Hi, my father farmed, he was given land payments by the RPA. He was the grazier of some land and claimed the land payment but so did the owner. Verbally my father was told he could but the landlord changed his mind. In 2005 the RPA took money back as a penalty (@£4,000), but now are saying it wasn't enough now. They didn't take the right amount back. They are now withholding 4,000 plus that should be used to look after the boundaries of the land ..weeds, conservation etc...My mum will be passed the land and be expected to look after it. The RPA made lots of mistakes in 2005 as it was a change in the system. Has anyone else had this problem?


Thanks Rob, I am looking for a solicitor who specialises in this. But just eating up the residue ...

Cheers

All over payments of over 100euros for each of the years will be recovered...

Did your father have a grazing licence or was he a tenant.....the landowner and the grazier/tenant can both claim on the land but not for the same thing. The uses have to be different.

Graziers usually have a licence to graze and mow and don't normally have enough control of the land for it to be at their disposal.....though if there are other responsibilities it will be different.

But the answer is yes they will want payment both for their mistakes and your father's mistakes for every year that a mistake happened.

The RPA made a lot mistakes in 2005 and 2006 with the new system....

Ap_hazard_42

Hi Ash,


we are only talking about 1 payment for 2005, that's when he claimed by mistake. Both parties probably did claim for same things walls, trees, sheep creeps etc..


I guess the government can do whatever they please...no other business can claim a payment from that far back. Next they will be asking for interest. No wonder our country is in a poor state when these Muppets lead. what's that phrase ah yes "Lead by Example". That's why its all going wrong! Rant over..


Thank you for your help, MSE has been a godsend.