Overpayment of Income Support

sammyjammy

I've searched for the legisaltion but cannot find it.

My brother and his girlfriend have been overpaid Income Support due to Maternity Allowance also being paid. They should have realised but they didn't so will now have to pay it back.

Its my understanding that because my brother had an underlying entitlement to JSA Contributory at the time that this should be offset against that payment.

Can anyone help me find where it states this in the Decision makers guide?

Sam

cifpower

Is JSA(C) not paid regardless of income or other benefits so there would be no underlying entitlement to that?

sammyjammy

cifpower wrote: »

Is JSA(C) not paid regardless of income or other benefits so there would be no underlying entitlement to that?

I suppose my thinking was that if they weren't claiming IS he would have claimed JSA C and they would have been entitled to the Mat Allowance as well? Not sure how that would work with actively seeking etc though (Mum was very poorly hence they were advised to claim IS for six omnths, previous to that he was working.)

pmlindyloo

sammyjammy wrote: »

I suppose my thinking was that if they weren't claiming IS he would have claimed JSA C and they would have been entitled to the Mat Allowance as well? Not sure how that would work with actively seeking etc though (Mum was very poorly hence they were advised to claim IS for six omnths, previous to that he was working.)

I agree with your thinking.

As soon as MA was awarded then brother should have restarted his contribution based JSA.

Can't find any information for those circumstances.

It might be worth just asking for the contribution based JSA to be offset against the overpayment of IS and see what reasons they give if it is refused.

Found this about offsetting in case it helps

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/337396/dmgch09.pdf

09340 onwards

but don't think they would refuse the offset - it's just getting them to agree that he should have the contribution based JSA backdated.

Interesting one.

pmlindyloo

Just had a thought.

How long are we talking about as regards the IS overpayment?

Contribution based JSA can be backdated for 3 months if you have a good reason for not claiming it (so answers the question about the job seeking not being done)

If the overpayment is for 3 months or less then he could now put in a claim and ask for backdating?

missapril75

I think I see what you're getting at. It used to be argued in court cases were people had been prosecuted for undeclared work that although their Income Support (for example) should have stopped, the whole amount wasn't necessarily overpaid as they would have been due one of the working tax credits.

I vaguely recall something about "loss to public funds" as in it wasn't really an overpayment or it was, but not as big as it looked.

I think if JSA(C) had actually been in payment and then they had transferred to IS, and then the OP had arisen that what you suggest might be successfully argued but as you say, the availability aspect would be complicated.

But loss to public funds was always the expression used, so maybe that gives you something to look for.


Edited to add: Although I see PMLL has given some positive approach too.

sammyjammy

The overpayment is £1000 so 10 weeks worth of Mat leave were paid at same time as IS.

Thanks for all the info, we'll try that.

Sam

sammyjammy

I'm back, this is where my lack of recent knowledge of the details of our benefit system comes in!

They've had the letter which equates the overpayment at just over the £1000 with a civil penalty added to (it which i was expecting).

The letter received doesn't state anything about a mandatory reconsideration butI understand thats the next step. Does the MR procedure apply to overpayments.

We want to have it reconsidered on the basis that

a) they did report that they were receiving Mat Allowance (they printed off their online app when they did it, this shows they answered the questions correctly and declared what they should) even though the paperwork they signed in the JC answers no to those relevant questions. How can this happen????

b) The benefit they were receiving between the dates of the overpayment was actually JSA and the overpayment notification says Income Support, I know this is a technicality but if its wrong its wrong. I actually think the overpayment is probably for IS and JSA but I need to check when they started paying the MA.

Don't know if it helps them but there is a question on JSA form that asks if you or partner had a baby in last 12 months, this says no on the copy they signed (yes on input copy) but it clearly shows a dependant born in March - did they have a respnsibilty to pick this up?

What do we do? Just write a letter stating the reasons we want it reconsidered or is there a form, I've googled but the info on this is unclear and scant!

Sam

pmlindyloo

This may help about appealing the decision

http://www.turn2us.org.uk/information__resources/benefits/challenging_benefits_decisions/challenging_benefits_decisions/dwp_benefit_decision.aspx