DWP Debt and law change

NuttyClaire

Hello,

Looking for some advice regarding a DWP debt I have. Sometime ago I was on income support and due to a genuine mistake on my part I did not tick the box that said I was receiving some child maintenance for my son (mutual agreement not through csa). It all came to light after I had a routine review and I went through the normal questions and said yes to the one asking if I was receiving maintenence etc. Next thing I know I was sent a letter saying I owed around £9000 due to not declaring the money for my son and over payment of income support. I disputed it at the time because I was certain I'd always told them but when they sent me copies of every form I'd filled in I see my mistake there in black and white.

That was around 2007 and I have been paying it back since then. I have recently discovered that in 2010 the law changed and child maintenence was disregarded from any benefit payments so my question is ..... Does my debt still stand because of the law change in 2010?

I hope that all made sense and any help would be gratefully received.

Claire

sourcrates

Usually law changes do not apply retrospectively, so I think you may be out of luck.
Try asking on here, these guys know there stuff :


http://legalbeagles.info/

getting-sorted-sarah

The law changed in 2010, meaning that after this point child support was not counted - when you were claiming it was counted, so unfortunately the change will not benefit you for overpayments in 2007 and before. If you were claiming benefits after 2010 you should have benefited from the change. Sorry not to have better news for you!
S

stevemLS

I agree - it is one of the rules of statutory interpretation that in the absence of specific and explicit words to the contrary, legislation does not have retrospective effect.