DWP NEW LAW Force earnings attachment on 15 yr old debt!!

Sleeplesss

From September 2013 the DWP introduced DEA as a method to recover money owed to DWP.
Initially this method of recovery was operated using only a small sample of cases, acknowledging that payroll software changes (to automate the process) were not due to be introduced until April 2014. From this date, and following the success of the piloted process, DWP began to roll out the revised process (incorporating the potential use of DEA) into their business as usual.
I have just received a letter from the DWP saying 'We have asked your employer to commence deductions from your earnings through a Direct Earnings Attachment, the law allows us to do this without applying to a civil court and your employer is legally bound to comply if requested to do so'. A copy of the document they say they have sent to my employer was enclosed.
My question is: Is this new DEA introduced by the DWP retrospective and does it apply to a 15 yr old debt?
I understand benefit debts are not statute barred insofar as the debt can be deducted from any future claim, but the rules on attempting to recover debt over 6 years old do (or did?) apply.
In 1999 I was interviewed re an income support overpayment at the Social Security Office. I was not prosecuted. On my behalf, Social Services drafted a letter to The Dept of Social Security with my repayment proposals. 3 years and 7 months passed before I heard from the DWP (I still have a copy). I have worked and not needed income support benefit help ever since. However, late 2003 after claiming sickness benefit for three weeks, I received a demand from the DWP stating they 'Had written to me several times' and demanded £5850.66 within 14 day's. I wrote back straight away, telling them I had not heard from them for nearly four years. (I have a copy of that too). I did not get a reply to that letter either. I have had a standard letter from them auto issued at intervals, which I have ignored, since they have not replied to my letters. Since the start in 1999, I have made no repayments, (tried to at the time) never been taken to court or had a CCJ imposed.

bestpud

Sleeplesss wrote: »

From September 2013 the DWP introduced DEA as a method to recover money owed to DWP.
Initially this method of recovery was operated using only a small sample of cases, acknowledging that payroll software changes (to automate the process) were not due to be introduced until April 2014. From this date, and following the success of the piloted process, DWP began to roll out the revised process (incorporating the potential use of DEA) into their business as usual.
I have just received a letter from the DWP saying 'We have asked your employer to commence deductions from your earnings through a Direct Earnings Attachment, the law allows us to do this without applying to a civil court and your employer is legally bound to comply if requested to do so'. A copy of the document they say they have sent to my employer was enclosed.
My question is: Is this new DEA introduced by the DWP retrospective and does it apply to a 15 yr old debt?
I understand benefit debts are not statute barred insofar as the debt can be deducted from any future claim, but the rules on attempting to recover debt over 6 years old do (or did?) apply.
In 1999 I was interviewed re an income support overpayment at the Social Security Office. I was not prosecuted. On my behalf, Social Services drafted a letter to The Dept of Social Security with my repayment proposals. 3 years and 7 months passed before I heard from the DWP (I still have a copy). I have worked and not needed income support benefit help ever since. However, late 2003 after claiming sickness benefit for three weeks, I received a demand from the DWP stating they 'Had written to me several times' and demanded £5850.66 within 14 day's. I wrote back straight away, telling them I had not heard from them for nearly four years. (I have a copy of that too). I did not get a reply to that letter either. I have had a standard letter from them auto issued at intervals, which I have ignored, since they have not replied to my letters. Since the start in 1999, I have made no repayments, (tried to at the time) never been taken to court or had a CCJ imposed.

You aren't disputing you owe it so why not just pay up? Seems the simplest option.

Yes they've messed about but look on it as an extension on an interest free loan.

Chrisblue1962

The concept of a DEA is not new. The CSA have had the power to impose DEOs (Deduction of Earnings Order) and Garnishee Orders upon people owing child maintenance arrears since it's inception in the 1990s.

Icequeen99

This discussion about statute barring came up recently - as far as I know the statute barring stops them in certain circumstances taking you to court. It doesn't stop them using any other methods available to them like taking from future benefits or DEA.

IQ

antrobus

Sleeplesss wrote: »

....My question is: Is this new DEA introduced by the DWP retrospective and does it apply to a 15 yr old debt? ....

It's in s105 Welfare Reform Act 2012, Recovery of benefit payments, which amends the Social Security Administration Act 1992, with further detail set out in The Social Security (Overpayments and Recovery) Regulations 2013.

There doesn't appear to be any mention of any time limits in the legislation. The SSAA 1992 allows the DWP to recover the amount of any overpayment, the WRA 2012 seems to simply create another method of recovery.

Sleeplesss wrote: »

...I understand benefit debts are not statute barred insofar as the debt can be deducted from any future claim, but the rules on attempting to recover debt over 6 years old do (or did?) apply..

The phrase "Statute barred" in relation to debt, simply refers to the time limits imposed by the Limitation Act 1980 in respect of bringing an action before a court. In this respect, the WRA 2012 has created a mechanism by which the DWP can recover debt without going before a court, so what it says in the LA 1980 is of no relevance.

Housing_Benefit_Officer

All these tinkering of the system are to help the ease of administration of Universal Credit when it comes out.

Morglin

I didn't think debt owed to the DWP or the Revenue was statute barred, like other debt?

Lin

Icequeen99

Morglin wrote: »

I didn't think debt owed to the DWP or the Revenue was statute barred, like other debt?

Lin

Tax debts are not covered by the Limitation Act but tax credits are.

IQ

Morglin

Oh right, thanks for that.

I know with certain DWP benefits, time limitations don't apply.

Lin

patman99

So, what happens if the deductions take your earnings below NMW?.

As the DWP are deducting monies direct from your earnings, would this drop your take home pay down to the point that you could, in fact, be below the upper limit for claiming WTC ?.

Icequeen99

patman99 wrote: »

So, what happens if the deductions take your earnings below NMW?.

As the DWP are deducting monies direct from your earnings, would this drop your take home pay down to the point that you could, in fact, be below the upper limit for claiming WTC ?.

WTC is calculated on gross pay. Other benefits though are based on net pay.

IQ