Dwp

antrobus

tomtontom wrote: »

Statute barring does apply to govt debts, they cannot be pursued via the courts after six years. However the DWP (etc) can still recoup the debt through benefit deductions and an attachment of earnings.

On a point of order, and to make things absolutely clear.

Statute barring does not apply to "any proceedings by the Crown for the recovery of any tax or duty" (s37 LA 1980). Which is to say, it does not apply to money that you owe HMRC in respect of income tax for example. It does however apply to money that you owe the DWP, because that is in respect of benefits.

However, as you suggest the DWP can still recoup the debt through benefit deductions, and since everybody will at some time become old and retire and very likely be entitled to some kind of payment from the DWP, it means the DWP have a good chance of recovering their money eventually.

But not by attachment of earnings. That's a method of enforcing a court order which you can't get if the debt is indeed statute barred.

fermi

Not just that, but....

Since 2014 DWP no longer need to go to court to recover payments directly from your wages.

They can get a Direct Earnings Attachment

which is a different thing to a court attachment of earnings.
https://www.gov.uk/government/publications/direct-earnings-attachments-an-employers-guide

As that does not require a court order, that can be applied to statute barred debts in England.

DWP are now using these.