DWP chasing supposed overpayment after over 20 years

Unhappy71

In 1994 I had a complete nervous breakdown and as a consequence of this spent almost 3 months in an institution, after being on sickness benefit for a while I was moved on to disability allowance, I was discharged from the hospital but was still on medication for around 12 months afterwards. I find it difficult to recollect a lot of things from back then but I was contacted 6 or 7 years ago to tell me I had been overpaid to the sum of £1200 as I hadn't supplied a sick note covering 3 of the months I received the benefit. I rang them at the time and they seemed to accept the circumstances of the situation after explanation. Today after a gap of 6 or 7 years I have received another letter telling me I must pay this back in the next few weeks.
I have had no further issues with my mental health since this and I haven't even mentioned this to my current partner as I don't think it's relevant any more, lots of people are terrified of mental health issues and it took a few years even before my friends got past this so I tend to keep it to myself.

Can the DWP still pursue me for this after all these years, I really don't want to have to come out of the 'mental illness closet' if I can avoid it but how else can I explain this debt to her?

Any advice?

Thanks in advance.

tomtontom

They can pursue it, just not through the courts, although they can apply for a direct earnings attachment from your employer. There may be a record of the sick note being issued in your medical notes, if so it would be worth getting a copy of this and submitting it - it is not definitive proof but may be enough to resolve the issue on the balance of probabilities.

pmlindyloo

Unhappy71 wrote: »

In 1994 I had a complete nervous breakdown and as a consequence of this spent almost 3 months in an institution, after being on sickness benefit for a while I was moved on to disability allowance, I was discharged from the hospital but was still on medication for around 12 months afterwards. I find it difficult to recollect a lot of things from back then but I was contacted 6 or 7 years ago to tell me I had been overpaid to the sum of £1200 as I hadn't supplied a sick note covering 3 of the months I received the benefit. I rang them at the time and they seemed to accept the circumstances of the situation after explanation. Today after a gap of 6 or 7 years I have received another letter telling me I must pay this back in the next few weeks.
I have had no further issues with my mental health since this and I haven't even mentioned this to my current partner as I don't think it's relevant any more, lots of people are terrified of mental health issues and it took a few years even before my friends got past this so I tend to keep it to myself.

Can the DWP still pursue me for this after all these years, I really don't want to have to come out of the 'mental illness closet' if I can avoid it but how else can I explain this debt to her?

Any advice?

Thanks in advance.

Although this overpayment is unenforceable through the courts the DWP can take back the money through other means - ongoing/future benefits for example.

You need to appeal this overpayment and get help to do so from a benefits specialist at CAB. (google to find your nearest one.)

You will need evidence of your illness at the time, probably in the form of consultant/doctors letters, but CAB should advise you.

I see no reason why you have to explain the type of illness that you had if you prefer not to. If your partner asks what it is about then just say it was when I was ill and claiming benefits for a time and they are saying I didn't send in a fit note.