Alleged overpayment from 2010 for a large amount, being told cant appeal.

dekaspace

When I left university in 2010 I moved hundreds of miles away, and then sadly lived in 2 accomodations till now with druggie neighbours (which I appreciate can sound like an excuse) and shared letterbox and at the time I was victim of identity fraud, credit cards, catalog accounts, mobile phones being taken in my name


Got a letter today saying DWP is taking £30 a week from me for housing benefit overpayments, after a 1 hour phone call to where the alleged overpayment occured even the staff at the council who made the claim said they couldn't find much or why just a balance, but said I had plenty of opportunities to contact them over the years, and debt collectors have been in contact and its too late to appeal!


I don't even know the reason for the alleged overpayment but im assuming it was because whilst I was in education I got housing benefit due to getting esa which they may of changed and due to the lack of letters not got.


What can I do?

marliepanda

You can ask them for an explanation of it, however you seem to have a rough idea of why it is.

If you moved and didnt give them an updated address that is fuel to their fire, so to speak.

If you owe it, they will continue to deduct it.

dekaspace

Been phoning back and forth for 2 hours, not got a clear answer but it seems the most likely given the amounts would sync up with the time period but I can't be sure if council tax was added too, on my most recent call to the council they say I had 1 month to appeal (from 2010!)


DWP says I can afford to pay back £30 a week, on top of that the amount DWP has is double what the actual amount is claimed to be.


I moved, but after the claim was closed they claim they sent letters out to me at my new addresses (since after I moved I was getting benefits at new addresses) but I never responded so had plenty of time to come to an arrangement, they also claim debt collector contacted me which never happened or at least if they did it was stolen along with other things when I had shared letterbox.


Bearing in mind I got like £60 a week housing benefit for 2 years!


If it is due to the studying part, then even if they now decided I wasn't elligible I guess I have no way of appealing years later.

parkrunner

I think it's awful that the DWP can claim an overpayment without supplying the details. They must have all the details to make the calculation so just put them in the letter.

dekaspace

It's a back and forth thing, DWP say they can only act on what they have been told, council says overpayment exists but they are happy with a small payment each week, DWP says it must be £30 a week and can't be changed unless I provide proof I am struggling such as doctors letters either way as my next payment is due in a week means I will be £60 down next payment.

So im struggling to get it sorted, council says I can't appeal due to age, but also due to age they don't have any details of the case even struggled to find me on their system.

Is there anything I can actually do to appeal it?

dippy3103

Contact the council and make a weekly offer. They will then ask the Dwp to stop the deductions

45002

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683470/benefit-overpayment-recovery-guide.pdf


http://www.legislation.gov.uk/uksi/2015/499/contents/made






...........

dekaspace

An update on this, waited until council recontacted DWP, whom mentioned council has notified them of the correct amount, and that they want £20 a month (even though I offered £40 on the basis I had no evidence what the overpayment was for but to prove im not getting out of paying if its correct)


DWP says the council needs to retract the overpayment and resubmit correct one, but either way they can't lower the repayment amount unless I get evidence of how it will affect my physical or mental health because its been flagged as fraud, council by the way says it was due to change in circumstances in 2009 but they aren't sure as its been so long just "I would of been contacted at the time"


So outside of preparing documents from social work and doctor not sure what else I can do.

konark

5.12 The weekly standard and higher rates of deduction from Income Support,
State Pension Credit, Jobseeker’s Allowance (Income Based), Employment Support
Allowance (Income Related) for overpayment recovery are prescribed in legislation.
Additionally, a special rate which is set by policy, applies for cases where Social
Fund deductions are also in place.
5.13 The standard rate of deduction for overpayment recovery for all of these
benefits at April 2017 is £11.10pw.
5.14 The higher deduction rate is appropriate where the overpayment has arisen
due to fraud and the debtor has either been convicted, has admitted the offence
under caution or has accepted an Administrative Penalty.
5.15 The higher deduction rate at April 2017 is £29.60pw.

dekaspace

konark wrote: »

5.14 The higher deduction rate is appropriate where the overpayment has arisen
due to fraud and the debtor has either been convicted, has admitted the offence
under caution or has accepted an Administrative Penalty.
5.15 The higher deduction rate at April 2017 is £29.60pw.

Yep I noticed that part, I have neither been convicted of anything, have not admitted anything nor accepted a penalty all I get from both sides is its a overpayment and I must of been ignoring letters.


I even on phone calls said I had no knowledge of this overpayment, and without details I can't say either way I owe it but willing to pay money to prove I am willing to work with them.

speedfreek1000

Send a Subject Access Request to the Council and also maybe? to the DWP

You want the records they hold on you so that you can 1 work out if this over payment exists also 2 how/if you were notified and when.

Once you have that go through it and take it from there