19 year old benefit letter.

mcdc78

Can anyone enlighten me please.
My husband has received a letter saying he owes money for apparently overpaid child benefit back in 96.. What does the law say about this..how can he prove that he doesn't owe it and any way 19 years ago ?? Really ??
Mandy

lakes17

It doesn't matter how long ago the overpayment occurred it can still be pursued. A lot of these are happening now as DWP are counter matching N.I. numbers etc for current address to send the demand to. How can you prove it? You need to firstly think how old your husband's children were then. Ask the DWP for information on why they believe the overpayment occurred. If it was owed and you believe it was paid back then do you have any proof that it was paid back (I realise this will be a long shot in finding as it was so long ago)

pmlindyloo

According to this http://www.hmrc.gov.uk/manuals/dmbmanual/dmbm557860.htm

child benefit overpayments are subject to the Limitations Act.

Not my area of expertise so don't know if they can be enforced through other means anyway . Anyone in the know?

rogerblack

I believe this guidance is out of date.
http://www.legislation.gov.uk/ukpga/2012/5/section/107#text%3D%22child%20benefit%22%20%22limitation%20act%22

(1)In section 71(8) of the Social Security Administration Act 1992 (recovery of benefits by deduction from prescribed benefits), the words “, other than an amount paid in respect of child benefit or guardian's allowance,” are repealed.

Londonsu

pmlindyloo wrote: »

According to this http://www.hmrc.gov.uk/manuals/dmbmanual/dmbm557860.htm

child benefit overpayments are subject to the Limitations Act.

Not my area of expertise so don't know if they can be enforced through other means anyway . Anyone in the know?

means the debt cant be enforced through the courts but they can get the money back by other means inc attachment of earnings


OP send the DWP an SAR if you think you paid
https://www.gov.uk/government/publications/dwp-request-for-personal-information

konark

Sadly the government gave the DWP and HMRC new powers to recover alleged debts without going through the courts and they are (ab)using them to the full, dragging up old debts where nothing can be proved one way or the other because of the passage of time. They can make you pay this alleged debt back through deductions from benefits ( including pensions) or even from your employer. No proof is needed other than we think you owe it and we are infallible!

Londonsu

blondebubbles wrote: »

If it's child benefit it would be HMRC.

sorry didn't know that but surely a sar can be sent to HMRC

rogerblack

'proof' probably doesn't mean what you hope it does.
They do _not_ have to prove beyond reasonable doubt that you were not overpaid this money.
They have to prove that it is more likely than not that you owe the money.

And, if this decision was made over 13 months ago, it is not possible to appeal it, if it was properly notified to you at your last known address.

konark

They only have to prove it to themselves!

Londonsu

konark wrote: »

They only have to prove it to themselves!

That's why people should send a subject access request and get all the information the DWP or HMRC has one them.


A lot of people know they owe the money but have felt safe in the knowledge that they don't have to pay it back as the debt is over 6 years old (until now that is)

Spendless

I'd be having a think back to how old my child/children were 19 years ago and my circs at the time. If I knew my child was 4, we were living in the UK at the time and it was me in receipt of CB, I'd know that it's a mistake.

If 19 years ago my child was at an age where they were leaving education, we'd emigrated for a while and become ineligible for CB or I'd swapped over to my partner/ex partner receiving the money instead of me, I'd know there's a possibility that I've been overpaid.