Overpayments of state benefits

AlisonHarrison

I seem to remember someone saying to me many years ago, that if you have been overpaid state benefits and you have given the DWP sufficient information for them to correctly pay the state benefit, then they cannot recover the benefit.
Is this true or not?

dippy3103

Not in all cases.

missapril75

Recovering "official error" overpaid amounts has always been an option if it can be shown the recipient should have known. Double payments for the same period being the obvious example.

Other times it may be obvious an error had been made. Like if you report an increase in income and your benefit went up.

Or maybe you can see they're paying you for someone you aren't claiming for.

You can't just take advantage of an error, tempting though it is.

Other times you cannot reasonably be expected to see an error. It's a complicated system, after all.

dippy3103

I am not suggesting that you are, but if someone is being overpaid and they know they are, it is actually a criminal offence to fail to take reasonable steps to stop the payments.

rogerblack

dippy3103 wrote: »

I am not suggesting that you are, but if someone is being overpaid and they know they are, it is actually a criminal offence to fail to take reasonable steps to stop the payments.

i am not aware of any legislation that says this - can you point to such?

It is an offense to not inform the benefits agencies of changes of circumstances, not to accurately answer questions asked, and to misrepresent your circumstances in order to gain (more) benefit.

If you know it's an overpayment, clearly you must repay it - however I'm aware of no legal basis that it's an offense to simply bank it in an interest bearing account for when they ask for it.
Assuming for the moment the sum is not so large as to affect your entitlement to means tested benefits.