Deductions from benefit

billywilly

10pence wrote: »

Only in cases of extreme and provable financial hardship. And, if I recall correctly it fraudulent benefit payments can be taken from DLA/PIP awards too.

As the OP is receiving IS, it is accepted by the DWP that it is just enough to live on. If that by itself isn't a definition of hardship I don't know what is.
However it wouldn't come amiss for the OP to send in a statement of income and expenditure to the DWP highlighting that there is NO spare money.

10pence

billywilly wrote: »

As the OP is receiving IS, it is accepted by the DWP that it is just enough to live on. If that by itself isn't a definition of hardship I don't know what is.
However it wouldn't come amiss for the OP to send in a statement of income and expenditure to the DWP highlighting that there is NO spare money.

It would be best to get a proper financial statement from welfare rights specialists such as CAB, as the DWP will have access to the trigger figures used in debt recovery, compared to someone stating they can't afford it.

The OP would be advised to review their budget accordingly, paying priority bills - rent, council tax before all else.

Weary_soul

There's some useful info here on the CAB forum

http://www.rightsnet.org.uk/forums/viewthread/7657/

And here...

http://www.rightsnet.org.uk/forums/viewthread/8038/

Gary1963

nannytone wrote: »

if you have been found to have claimed fraudulently ....
don't you think you should be grateful that they even entertain a claim from you?

you are in this position through your own actions.
suck it up!

I have indeed ''sucked it up''

All this came about after working as well as caring for a mother with mental health issues who subsequently died of a drug overdose. I was the one that found her.

I was then prosecuted.

I agree I was at fault and agree that every single penny needs to be paid back.

I think people need to know the facts before jumping to conclusions.

Life is rarely black and white!

Mark_Norville

Christmas 2015 the DWP instead of sending Christmas card with ten pound notes in, sent letters before Christmas Eve to say regarding the new maximum of £29.60 to be removed from benefits.


How do I know? Sadly I had one, so I am not a keyboard lawyer, I however know the facts. I phoned up the DWP section to deal with this and was told that literally you had to have medical grounds for having less reductions, however possibly you can argue regarding money status as well and leading to ill health if the payments are not reduced, remember they want you to just bow and scrape to them and not fight.


I went to the CAB and told them about the situation, and they did not listen to what I was saying, and the lady went away and came back with some rubbish letter, and she said to send that off, I did not listen to her and infact I typed my own letter instead and sent in medical evidence.


I had a very hard first month in January and was still trying to recover despite the fact that they did reduce it back to the original payment, the lady on the other end of the phone was brilliant she actually said if you need it lowered any time in the future, just let us know, so I was a bit cheeky and I said is there any chance that you could look at it again now for me while I am on the phone. She reduced it even further, so big wet sloppy kiss to her.


The thing that I am battling at the moment is this, I had to wait around 55 weeks for my medical, so I went for my medical thinking that I would get the zero rated or maybe at least the work related group, however I passed the medical first time and was put into the support group, so I was more than shocked.


The DWP recovery team are now saying the £2,975.90 that they owe me, is going to be used against the debt that I owe them, to which I am just starting to fight for now. I have read the following Decision Maker (DM) guidelines


5.47 Current legislation allows the SofS to recover any recoverable overpayment for a prescribed benefit from any arrears of that or any other prescribed benefit.
Exceptions
5.48 Do not recover from arrears when they are for;
a) the full weekly benefit entitlement for the start of a claim, where the award is delayed for administrative purposes (e.g. benefit claimed, award delayed pending verification of details, award made, arrears paid up to date usually for the first few weeks of the award);
b) arrears that have accrued as a result of benefit being suspended.


If I had my medical faster than 55 weeks then I would not have had such an over payment being made to me, but yet they say they can take the money away from me, however I found those guidelines this weekend, so I am now fighting it. If I had of had a medical in week one of my ESA claim then I would have had this money as my weekly benefit but I am saying that it is there fault and that I am or was awaiting administrative decision.


The thing regarding the recovery team is that if you let them, they will come out with well it is FRAUD you did commit BENEFIT FRAUD didn't you.


I cannot speak for any one else, but my Nan passed away and I went into depression, it took me 37/40 years for me to get a criminal conviction and I have not had any since then, so one blemish due to depression and I am an evil criminal according to the recovery unit, I personally am sick of it, and will take action against them.


If your conviction was genuine such as mine was depression and death, then fight for your rights, but if you created twenty fake IDs to claim then you deserve every thing you get.


People keep saying CAB but take the rubbish they say with a pinch of salt, yes use there website because that is more accurate, but don't go in to your local CAB because they are only volunteers and usually know nothing and go away and then come back with forms.


I went today and I explained the situation and I said I know the regulations, can I show you on google, I told her that I had phoned them on Friday and also Monday and spoke to them, and they still said that the money would be taken out of my arrears, even though I said that they are acting illegally.


Once more I got threatened with her looking at my file and saying that we will take £29.60 from your account each week, and I said no I have a deal, and she said you have two months left so we will see.


So pretty much I took that as a threat and her attitude stunk. If I do not get my back pay then I shall be looking at either small claims court, or civil action against them.


The only people committing benefit fraud is the DWP.

Weary_soul

NLW wrote: »

I think you should fill yourself lucky we as a country still support you after trying to rip us off! Suck it up and pay us back, Or you could get no benefits but have your board and lodgings for free.

*sigh* That was REALLY helpful.....not.

Have you even read this thread?

https://forums.moneysavingexpert.com/discussion/365935

FBaby

If your conviction was genuine such as mine was depression and death, then fight for your rights, but if you created twenty fake IDs to claim then you deserve every thing you get.

Are you saying that because you suffered from depression and grief, it was ok to defraud the system and therefore shouldn't be penalised? Would this apply to everybody suffering from depression or who has lost someone dear? Because surely that would bankrupt the country in no time if fraud was excused for these reasons.

NYM

I believe people that genuinely deserve help and support should receive it and I trust that this site and it's contributors will share their knowledge where they can.

However, I will never condone nor support someone to commit fraud of any kind and would hope that no one on this website would do either.

Poppie68

A thread rehashed after 12 months by someone who has committed benefit fraud and is annoyed because they want to deduct the money that they stole from the money they are now legally allowed. I would say thankyou to a system that allows you to still be entitled to help not moaning about how it's being paid back.

HappyMJ

If you want them to stop deducting the money then borrow the overpayment from a willing lender and return the overpaid benefits back to them and they will stop deducting quite so much.