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Appealing DWP Income Support overpayment decision

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  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Anyway its rather academic whose savings account it is. Whats my wifes is mine and vice versa
    It isn't if they believe that the transfer was deliberate to try to hide your savings and thought they wouldn't cross-link accounts on different names. They did and picked up that you had transfer this money. It might look less suspicious if you don't have a saving account yourself, if you do though, it becomes much less suspicious.
    All I'm saying is it is not £11,000 worth. I was entitled to claim as I didn't have too much money to claim initially.
    So have you set your evidence to calculate how much you think you owe taking into account both your wife and your capital/income?
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    ExTeacher wrote: »
    I'm not disputing there has been an overpayment. All I'm saying is it is not £11,000 worth. I was entitled to claim as I didn't have too much money to claim initially. But when the money accrued I should've notified dwp. My health concerns were at the forefront.

    Anyway back to the matter in hand. I was enquiring about the procedure to appeal and the time limits involved.

    And I've answered your question. What does the decision letter say on the matter?
  • TELLIT01
    TELLIT01 Posts: 18,078 Forumite
    Part of the Furniture 10,000 Posts Name Dropper PPI Party Pooper
    If you think it will take you longer than the permitted time to get all the evidence together to support your appeal you must contact them immediately to ask if it's possible to get an extension. Otherwise you stand the risk of your appeal being lost before you get anywhere.
  • Hi hope someone can advise on a matter which I previously posted on here PLEASE READ MY PREVIOUS THREAD TO FULLY UNDERSTAND my current situation. I cannot post the link but it's titled "DWP & HMRC - capital gained from credit card money transfers"

    The money being referred to as savings is a balance transfer from my credit card into my current account which was transferred to a friend who needed a loan and is paying the monthly repayments. All receipts and bank statements have been provided showing where the money has been spent.

    DWP have decided that I have been overpaid for the whole duration of my claim and I need to repay back £?? as I wrongly declared that I had savings less than £6k when I made the claim. They also state that I have not provided bank statements and receipts as requested by the Compliance Officer and have not made any reference to dates and figures to when they believe the savings over £6k was accrued from. I contacted the Compliance Officer who confirmed she had emailed all the documents to the Decision Maker and if the letter states I had/have £6k or over then it must be correct! She was adamant that the "benefit law states the source of capital is irrelevant even if it is a loan" however the overpayment should be from when the excess "savings" came into the account.

    It appears DWP send standard letters and i'm currently awaiting for a detailed explaination about how they reached their decision but is it possible they have made a mistake? The money was in my account for 1-2 days and I ended my claim within a week of this for personal reasons so shouldn't the overpayment period be just that - 1 week? If they are correct then I will be liable to repay the housing benefit and council tax reduction which I cannot do as I have no source of income.
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