Can I challenge a claim for recovery of overpayment made by DWP?

Msuk

I have a long standing issue: I have received letters from the DWP saying I have been overpaid benefits over a number of years, ending about two years ago, because of a mistake in their calculations of how much I was due and therefore I must repay them. The sum totals several thousand pounds.

I believe the overpayments were in the form of supplements on top of my Income Support.

I am aware of this situation from before, and I was paying back a sizeable sum each week when I was on benefits.

However, I am no longer on benefits as more than a year and a half ago and am very short of money, as I don't have an income. I am now a part-time student and I look after my elderly father who is very ill. I get by on a very low expenditure, with money my father gives me from his pension.

I am very worried as you can imagine. I simply don't have the money and can't afford even low repayment amounts as I am scrimping to make ends meet.

I rang the DWP explaining my situation, saying I have an extremely low income and can't afford to pay back thousands of pounds, and all they have done is sent me a form which asks me what my sources of income are to enable an evaluation of what repayment amounts to make. (I haven't returned the form yet, because it may be seen as a concession that I am willing and able to make repayments.) The letter comes with a statement that I must start repaying the sum, or else they will get a private debt collection company to pursue the money from me.

When I rang an advice centre they told me that they don't believe I can challenge the repayment request now because more than 13 months has passed since I was initially made aware of it. That is correct, but at no stage have I been informed that I may appeal the claim or refer to any deadline - it doesn't mention it in a single letter from the DWP.

Is the 13 month deadline correct? If it does apply in my case, is there any way at all I can contest the payments request please (rather than arranging a low repayment amount, which I am fully aware I can do)?

My specific query is: I am intending to write back to the DWP and, in terms of contesting the claim, is there any specific legislation I may refer to or way I should script my letter please?

I am very appreciative of any help anybody could offer please.

dippy3103

Yes, it's correct that appeal rights have exhausted.
However, you may well be able to negotiate a very low repayment rate

Msuk

Thanks a million for the prompt reply.

Why do I not have a right to appeal please? Is it because of the 13 month deadline rule or something else? It's not fair, as I was never informed about it even once.

Is there any route at all I can take to dispute the claim?

Thanks again.

dippy3103

Because there is a time limit for appears- 13 months from the date of notification. You can only appeal if you think the overpayment is wrong in law.

If it's just that you can't afford the repayments then you can only dispute the rate of recovery afaik

Horseunderwater

Make sure Dad gets pension credit & Attendance Allowance if not getting already. Then you could get Carers Allowance.

rogerblack

dippy3103 wrote: »

You can only appeal if you think the overpayment is wrong in law.

This is not as I understand it technically the case.
You can ask them to look at it again - yes - and write off the debt due to official error, but if they refuse, there is no simple process to continue this appeal.
You can't apply for a mandatory reconsideration of a decision over 13 months ago, and have your appeal rights magically live again - that doesn't work.

The only way you could now appeal is if the decision was never properly notified in the first place.
If you were sent a letter explaining the overpayment, and giving your appeal rights at the time, then you have no chance.
If there was no formal decision issued - then the appeal clock for that 13 months has not yet started to run.
Sent does not mean received.
If it was sent to the last address you were known to them at, that is enough.

TELLIT01

I get the impression from the original post that Msuk is acknowledging that there was an overpayment which he was responsible for repaying. That being the case, his change of circumstances doesn't mean that DWP will right of the debt, but they may be willing to consider reduced repayments.
Otherwise it would be simple for somebody to have a massive overpayment and then just stop working when they got caught. I'm not suggesting that is the situation here.

dippy3103

rogerblack wrote: »

This is not as I understand it technically the case.
You can ask them to look at it again - yes - and write off the debt due to official error, but if they refuse, there is no simple process to continue this appeal.
You can't apply for a mandatory reconsideration of a decision over 13 months ago, and have your appeal rights magically live again - that doesn't work.

The only way you could now appeal is if the decision was never properly notified in the first place.
If you were sent a letter explaining the overpayment, and giving your appeal rights at the time, then you have no chance.
If there was no formal decision issued - then the appeal clock for that 13 months has not yet started to run.
Sent does not mean received.
If it was sent to the last address you were known to them at, that is enough.

I phrased that terribly badly!! Either you believe the law has been incorrectly applied or the facts used to make the decision were wrong.

For an official error o/p you can appeal the decision to recover it.

I think the o/p had started repaying it.

cifpower

If the OP was aware of the situation and had been repaying it surely that is an acceptance of the debt? What is there to challenge? It should have been done before benefit deductions started.

The OP says:

I haven't returned the form yet, because it may be seen as a concession that I am willing and able to make repayments

That reads like evasion. Surely the OP should be willing but unable?

rogerblack

dippy3103 wrote: »

For an official error o/p you can appeal the decision to recover it.

Only as I understand it if recovery started under 13 months ago.

Msuk

Thanks a million for the advice. As I don't know any specific grounds to appeal which may apply in this case, I'll try to write a general letter stating I wish to appeal and see what they say.