appealing a benefit overpayment decision

ExTeacher

I've received a £11,000 overpayment decision for a joint (my partner and I) claim for Income Support. I've followed the advice of the citizens advice bureau (CAB), and contacted DWP to request a mandatory reconsideration.

My wife and I have a toddler son. We live with my parents. I have multiple sclerosis (MS). In late 2014, my health rapidly deteriorated. My mobility is severely affected and I can no longer control my bladder. My occupational therapist informed me my local council were now reluctant to offer a grant to fund any home modifications due to austerity, but she did give a letter of support highlighting the need for a ground floor toilet and shower in the home.

A benefit advisor advised that my partner and I are entitled to claim for Income Support. We have had planning permission granted and the builders now want payment.

In mid 2015 my wife had a miscarriage. She has only recently mentally recovered from this trauma.

At the time of claiming I didn't have much capital savings. The DWP have decided from seeing our bank statements that we have £14k savings. This is despite me having explained that rather than pay monthly rent and paying my parents household expenses, all payments are paid annually. Furthermore, any extra money is used to pay for the modifications (ie ground floor bathroom.)

This is becoming a living nightmare. I know ignorance is not an excuse but I wish I never bothered to claim for Income Support.

Please advise me guys. Do you think I can appeal on the grounds that DWP's procedure is flawed? Every correspondence from DWP Spoke to my wife (as the benefit was paid in to her account). They didnt speak to me or interview me. I know I have a physical disability but my wife was in no fit state to speak to anyone after the miscarriage.

Thanks

National_Debtline

Hi ex teacher,


You will need to wait for the outcome of your mandatory reconsideration as you cannot do anything further until this decision has been made. If they decide to uphold their decision and you wish to dispute it further you can file an appeal to an independent tribunal and this process should be outlined on the letter from the DWP telling you the outcome of the reconsideration.


Unfortunately, as you now seem aware, Income Support is a means tested benefit which means savings can affect your ability to claim and because the savings were not declared that is why there is an overpayment. You may benefit from taking advice from a benefit specialist such as Turn2us to find out more about how you can outline your appeal (and some of the circumstances surrounding the overpayment).


The fact that some of the savings were allocated to renovations I don't believe will be as relevant (because they are still savings) as the money that is paid annually to rent and bills. The DWP may ask you for proof that you have done this in previous years and how much it costs annually and why your family do things that way as opposed to monthly (which is more common). I hope you get things sorted,


Laura
@natdebtline

ExTeacher

I have been told that the DWP almost always uphold the original decision at mandatory reconsideration. I will have to appeal in which case.

£11k is very steep.

It just seems repugnant that the council would refuse me a grant for modifications to the home and say that I can fund the said modifications privately. Knowing that I am disabled and my wife is no longer in employment as she is caring for me.