DWP / JSA overpayment help?

theone999

I recieved a letter today telling me that I'd been overpaid a weeks worth of JSA back several months ago and that there was also a £50 civil penalty on top.

Apparently the reason for this is that I "didn't tell them about part time work / earnings".

I was very confused about this until I looked through my bank statements when I saw a payment to me dated on the day that the letter said I was overpaid from from previous employer. DWP must have links with HRMC/Inland revenue computers tracking NI numbers of when wages are paid out. Though it took them several months to send me this letter.

I literally applied for JSA as soon that last job finished (like the day after), so my final wage was paid after my JSA started because it was paid in arrears.

A further complication is that I didn't tell them about this employer when I started claiming. I was on zero hour / booking contract essentially with 2 different employers and I quit from this one , so I put down the other agency I was with as "last employer". Though I don't remember there was ever a bit as to "why your last job ended", nor "list all employers", but zero hour agencies are different than a normal employer as well though?
Because I didn't turn down the chance of certain hours offered to me like a fixed contract, but chose to not take up any uncertain future hours that maybe offered.

Does that matter? I was with 2 agencies, quit one cos I was !!!! at it (coldcalling) and hated it and claimed JSA immediately after that because I didn't think I was going to get any work from the other agency (I didn't). For the period I claimed JSA, I did not work a day.

Just also remembered, I wouldn't have put anything when they asked if I was "owed any money" either because I honestly didn't know how much I was going to get paid (the job wasn't paid hourly but according to results)

How easy is it for me to appeal this decision and what evidence do they need to see? If I don't appeal and pay, is that an admission of guilt of benefit fraud like a police caution and they'll hold it against you in the future?

I absolutely DID NOT deliberately work when on JSA and not tell them.

Diary

It's very easy to appeal to DWP they often get things wrong. Never phone - write to them. It will take at the very least 4 weeks for them to decide. You will need to discover what evidence you need it's impossible to tell. I would guess the wage slip from the job that paid the wages in.

Whether you pay or don't pay it will be held against you in the future. Paying isn't an admission of benefit fraud, there has to be proven intent for that.

You tried to hide the fact you'd quit a job knowing dwp wouldn't pay if you quit. You also didn't tell them of wages due from your job so when the wages went in the obvious assumption was you're working. It would be very difficult now to say oh I forget I was being paid but this is what you need to convince them of.

Had you told them of these wages they would not have been taken into account.

Please note I am NOT having a go although my post comes across like that.

theone999

Diary wrote: »

Whether you pay or don't pay it will be held against you in the future. Paying isn't an admission of benefit fraud, there has to be proven intent for that.

So it WILL be held against me even if I pay?

I've had a look at what documents I do have and it's not possible to prove when exactly I worked. So it doesn't help my case.

So I'm just going to pay up.

Diary

DWP hold everything against you, yes.

If you are going to pay make absolutely sure you get and KEEP the receipt for EVER. If at all possible print off the bank statement showing the payment as well as your debit card/cheque whatever receipt and keep that FOREVER.
DWP have been known to (fraudulently - imo) ask for the money again years in the future.

missapril75

theone999 wrote: »

DWP must have links with HRMC/Inland revenue computers tracking NI numbers of when wages are paid out....

Checks with employers for wage details by DWP and before that DSS/Unemployment Benefit Offices have been a process on new claims since the year dot.