Am I Liable for Universal Credit Overpayment?

LastDitch_2

Hi everyone, I've decided to post here because I'm really not sure where I stand with the way things have happened over the past few months.

I was claiming Universal Credit this year (£317.82p/m) until September this year. I was offered a job in Hong Kong, so went into my local DWP office to notify them, and was told because I was on UC, I wouldn't sign off, instead, I would simply report a change in circumstances on the Universal Credit site. I asked my advisor what date I should do this, and she said not to do it until the day before I fly out, to make sure I got my last payment. I took her advice and filled in all the details on 1 Sep, telling them what date I would start employment, how many hours per week, and how much money per month I would be earning.

Due to unforeseen circumstances, I had to return to the UK in October, and I am about to begin employment in Europe in January. Between the date I arrived back in the UK and now, I have not been to see DWP as I had sufficient funds and did not need to start claiming again.

Recently I've been checking through everything in preparation for my move to Europe, and I've noticed that in Oct, Nov and Dec I have been paid UC, to the sum of £953.46, and having checked the UC site, i am due to receive another £317.82 on the 29th Dec, which would bring the total amount to £1271.28. I have not asked for any of this, and I noticed on the UC site that my "report a change in circumstances" journal entry dated the 1st Sept has not been ticked off as being seen by an agent, however there is a journal entry dated the 4th September for "attend a work review", and this has been completed by an agent.

To me it looks as if they have failed to see the change of circumstances I have reported, so I have not misrepresented or failed to disclose any information. I called CAB just to doublecheck my liabilities before being dragged into a payment plan etc I can't afford (I will be earning less in Europe than I was receiving on UC). They told me they think I would be liable for the amount overpaid, even though to me I owould class it as an Official Error.

Has something similar happened to anyone else, and could anyone please give me some advice? I don't want to move abroad and end up being hit with this later on.

Thanks in advance!

marliepanda

Yes. But you have the money sitting there, so not a problem.

IAmWales

You've not checked your bank account since October?

Given that you know you are not entitled to this money, why do you think you should not repay taxpayer funds?

poppy12345

LastDitch wrote: »

Hi everyone, I've decided to post here because I'm really not sure where I stand with the way things have happened over the past few months.

I was claiming Universal Credit this year (£317.82p/m) until September this year. I was offered a job in Hong Kong, so went into my local DWP office to notify them, and was told because I was on UC, I wouldn't sign off, instead, I would simply report a change in circumstances on the Universal Credit site. I asked my advisor what date I should do this, and she said not to do it until the day before I fly out, to make sure I got my last payment. I took her advice and filled in all the details on 1 Sep, telling them what date I would start employment, how many hours per week, and how much money per month I would be earning.

Due to unforeseen circumstances, I had to return to the UK in October, and I am about to begin employment in Europe in January. Between the date I arrived back in the UK and now, I have not been to see DWP as I had sufficient funds and did not need to start claiming again.

Recently I've been checking through everything in preparation for my move to Europe, and I've noticed that in Oct, Nov and Dec I have been paid UC, to the sum of £953.46, and having checked the UC site, i am due to receive another £317.82 on the 29th Dec, which would bring the total amount to £1271.28. I have not asked for any of this, and I noticed on the UC site that my "report a change in circumstances" journal entry dated the 1st Sept has not been ticked off as being seen by an agent, however there is a journal entry dated the 4th September for "attend a work review", and this has been completed by an agent.

To me it looks as if they have failed to see the change of circumstances I have reported, so I have not misrepresented or failed to disclose any information. I called CAB just to doublecheck my liabilities before being dragged into a payment plan etc I can't afford (I will be earning less in Europe than I was receiving on UC). They told me they think I would be liable for the amount overpaid, even though to me I owould class it as an Official Error.

Has something similar happened to anyone else, and could anyone please give me some advice? I don't want to move abroad and end up being hit with this later on.

Thanks in advance!

You've only just noticed all that money in your bank :eek: Which must mean you haven't checked your bank balance for 3 months? LOL

LilElvis

The December payment hasn't even been received yet so can't have been spent. How do you justify keeping this payment? If they continue the payments into the new year do you consider it fair game to keep that money too because it is their mistake?

[Deleted User]

https://www.gov.uk/benefit-overpayments

Alice_Holt

Under UC all over payments can be reclaimed, even if the result of official error.

http://www.cpag.org.uk/content/overpayments-and-official-error (para 4).
"The other exception concerns universal credit (UC)....... There, the basic rule is that all overpayments are recoverable, (ie, however caused), and the claimant is reliant on the Secretary of State to reduce or wipe out the overpayment where it was caused by official error. The guidance does not contemplate official error as a reason for not recovering an overpayment."

TELLIT01

All payments being recoverable is a major change from previous benefits. I'm not getting into the rights and wrongs of that but it wasn't the case with ESA, IS etc. Official !!!!-ups were not automatically recoverable.