JSA Overpayment/savings?

GazMoz

*UPDATE*

I have just gone through my bank account, week by week, balance by balance, for the periods in question and worked out that I have been overpaid around £1,300.

GazMoz

TELLIT01 wrote: »

You're not going to prison, but claim packs / information all makes it very clear that you have to declare all capital / savings. I really don't understand how anybody could think that money in a current account would not be included.

I hope you're right about not going to prison. I'm praying I won't be summoned to court too. I can't believe how stupid I've been.

Alice_Holt

GazMoz wrote: »

So is that a fine of £50? A previous poster said I could be fined up to £700? Or will the £50 be on top o the £700 fine?
If you look at the link I provided that should explain it
I would anticipate a £50 fine (not £700).

Will a civil penalty mean a court appearance?
No
Also, will it show on my record for life?
No

https://www.turn2us.org.uk/Benefit-guides/Benefits-Overpayment/Civil-Penalties-for-benefit-overpayments

GazMoz

Alice_Holt wrote: »

https://www.turn2us.org.uk/Benefit-guides/Benefits-Overpayment/Civil-Penalties-for-benefit-overpayments

Thanks. I have also read somewhere that a fine is 30% of what you owe in repayments, though?

TELLIT01

I always thought a charge of up to 50% of the overpayment could be added. I'm sure that's what we were told when I worked on ESA and IS.
A £50 penalty doesn't seem to be much of a disincentive to 'forget' or 'misunderstand'. The benefits of getting away with it would seem to outweigh the risk.

Alice_Holt

TELLIT01 wrote: »

I always thought a charge of up to 50% of the overpayment could be added..

That's if it moves from compliance and a standard overpayment prepayment situation, to a successful fraud investigation (and as an alternative to prosecution):

"How much is the penalty?
The minimum penalty is the greater of 50% of the amount overpaid or £350, with a maximum penalty of £2,000.

If I agree to the penalty, can I still be prosecuted?
No. The penalty is an alternative to prosecution. "

GazMoz

Alice_Holt wrote: »

That's if it moves from compliance and a standard overpayment prepayment situation, to a successful fraud investigation (and as an alternative to prosecution):

"How much is the penalty?
The minimum penalty is the greater of 50% of the amount overpaid or £350, with a maximum penalty of £2,000.

If I agree to the penalty, can I still be prosecuted?
No. The penalty is an alternative to prosecution. "

How likely/unlikely is it that that will be applied to me?

Alice_Holt

GazMoz wrote: »

How likely/unlikely is it that that will be applied to me?

IMO unlikely.

You had an entitlement to the benefit - so not a fraudulent claim.
You neglected to give accurate info on your capital, so have an overpayment to repay.

Tabbytabitha

We're you claiming any other means tested benefits (e.g.. HB) at the same time?

GazMoz

Tabbytabitha wrote: »

We're you claiming any other means tested benefits (e.g.. HB) at the same time?

No. Just JSA.