Is there a Time limit for DWP to claim overpayment?

barryjarcher

Hi I have another tread: https://forums.moneysavingexpert.com/discussion/5254559

But wanted to highlight a question I have.

DWP are looking into my father being overpaid IS between 1993 and 2003 and PC from 2003 till death in 2015.

I'm just wondering if they can pursue any claim back that far? I ask not to dodge the overpayment but it would be impossible to get any financial information back that far for the estate so if they did claim overpayment during that period I would have no way to confirm his wealth at that time.

Does the Limitations act apply/statute of limitations apply in this regard or are the DWP exempt?

Weary_soul

With any claim they go back as far as they want I'm afraid, If need be right from the beginning of his claim.

Does the Limitations act apply/statute of limitations apply in this regard or are the DWP exempt?

I believe they are exempt.

barryjarcher

Weary_soul wrote: »

With any claim they go back as far as they want I'm afraid, If need be right from the beginning of his claim.


I believe they are exempt.

Thought they'd have some get out although:
https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Page-04.aspx

Says:

The Limitation Act says that the limitation period for benefit overpayments and social fund loans is six years.

The cause of action (when the limitation period starts running) for benefit overpayments, is when a final decision is made on the overpayment. This is most likely to be a final decision by a council, the Department for Work and Pensions (DWP) or a tribunal.

but whatever is it up to them to prove wrong doing or for me to prove innocence as financial information from that time would be unobtainable - its 22 years ago!

Weary_soul

With the DWP having set targets they are under orders to squeeze blood from a stone I'm afraid.

G6JNS

The DWP are subject to the law just like anyone else. That may not stop them making claims they are not entitled to.

G6JNS

barryjarcher wrote: »

Thought they'd have some get out although:
https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Page-04.aspx

Says:


but whatever is it up to them to prove wrong doing or for me to prove innocence as financial information from that time would be unobtainable - its 22 years ago!

Ultimately it is for them to prove that there is a claim against the estate. If need be they have to do that in court if need be. Don't pay unless they provide proof and you have legal advice that their claim is valid.