JSA Overpayment, need serious help?! :(

rogerblack

What they can do as best - treat it as difference from couples rate and penalise on that basis, and what they can do worst case - not take that into account couples entitlement and recover from _both_ members of the couple along with civil penalties and possibly prosecution differs significantly!

As far as I am aware, there is no statutory requirement for them to only recover the difference between actual paid, and entitlement of a couple.

I cannot find the current overpayment recovery guide.

If indeed - as mentioned above - the total overpayment once couples entitlement is taken into account in fact 120 pounds or so, that should make prosecution at least lots less likely - as it is taken into account for that purpose.

pmlindyloo

Here's the guide:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/373169/dmgch09.pdf

misspickle_2

rogerblack wrote: »

What they can do as best - treat it as difference from couples rate and penalise on that basis, and what they can do worst case - not take that into account couples entitlement and recover from _both_ members of the couple along with civil penalties and possibly prosecution differs significantly!

As far as I am aware, there is no statutory requirement for them to only recover the difference between actual paid, and entitlement of a couple.

I cannot find the current overpayment recovery guide.

If indeed - as mentioned above - the total overpayment once couples entitlement is taken into account in fact 120 pounds or so, that should make prosecution at least lots less likely - as it is taken into account for that purpose.

I was forgetting the civil penalties
I would be very surprised at prosecution though.
It will be a repayment schedule surely?
Is there a set percentage when it comes to the penalties roger? How do they work them out?

bloolagoon

You also need to consider if there were times you claimed whilst not entitled to couples rate. You say at times you both worked. I'm not sure they won't look to take this further as its fraudulent and there is pressure from the public in the run up to the GE to take a hard line.

I'd take professional advice if I were you.

rogerblack

pmlindyloo wrote: »

Here's the guide:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/373169/dmgch09.pdf

Unfortunately, I can't find anything relevant on a quick skim through that, or searching on couple, notional, underlying which would bear on whether the overpayment should be calculated taking into account the underlying entitlement to couples rate.

pmlindyloo

rogerblack wrote: »

Unfortunately, I can't find anything relevant on a quick skim through that, or searching on couple, notional, underlying which would bear on whether the overpayment should be calculated taking into account the underlying entitlement to couples rate.

The part about offsetting is 09340.

However, I also skimmed it so there may be penalties/fines as well.

misspickle_2

rogerblack wrote: »

Unfortunately, I can't find anything relevant on a quick skim through that, or searching on couple, notional, underlying which would bear on whether the overpayment should be calculated taking into account the underlying entitlement to couples rate.

Welcome to our world. Be it JSA, tax credits working or otherwise, HB etc etc.
Nobody can find anything that is SOLID.
Now tell me why?

And you pair are the clever ones. The ones that have the potential to help people.
Find it!

pmlindyloo

misspickle wrote: »

Welcome to our world. Be it JSA, tax credits working or otherwise, HB etc etc.
Nobody can find anything that is SOLID.
Now tell me why?

And you pair are the clever ones. The ones that have the potential to help people.
Find it!

I know you are being tongue in cheek here but, anyway, thanks for the accolade! The link I gave is the Decision Makers Guide and that is exactly what it is - a guide for decision makers - I am not a decision maker!

Also, sometime when people post you do not get the full story - not casting aspersions here - just that people usually don't realise how important some facts are.

Am always loath to give a definite answer in cases like this as it can also raise posters hopes.

Hopefully by posting a link people can read it through and ask questions to the 'officials' referring to the link. Knowledge, I always think, is the key.

But I do agree that benefits are a minefield.

misspickle_2

The government changed the goalposts about what was classed as "partner" and "living together".
And they did not do it clearly in writing.
They just pulled the rug under thousands of people that didn't have a god damn clue what was going to haunt them.
Innocent people have been battered left right and center.
You show me where they changed the rules and advised everybody of those changes! Show me!

You can't.

No more than we can show you what they "told" people. In their homes. On their phones. But by god they did! They said it!

misspickle_2

pmlindyloo wrote: »

I know you are being tongue in cheek here but, anyway, thanks for the accolade! The link I gave is the Decision Makers Guide and that is exactly what it is - a guide for decision makers - I am not a decision maker!

Also, sometime when people post you do not get the full story - not casting aspersions here - just that people usually don't realise how important some facts are.

Am always loath to give a definite answer in cases like this as it can also raise posters hopes.

Hopefully by posting a link people can read it through and ask questions to the 'officials' referring to the link. Knowledge, I always think, is the key.

But I do agree that benefits are a minefield.

I AM NOT being tongue in cheek and I happen to have a lot of respect for posters like you and roger.