SDP overpayment-not my fault!

MAC8

HI can anyone please help me. I've learnt recently that the DWP have been paying SDP when I haven't been entitled to it for the last 7 years. I had no idea that I was receiving anything that I shouldn't. In 2012 I didn't reapply for DLA( I couldn't face filling in the forms:() They've recently investigated and are saying that it was my fault as I didn't tell them that they weren't paying me DLA any more, I had no idea that I was getting a premium or that it was dependent on me getting DLA. they now want to recover over £20.057.02 over the space of about 37 years :eek: How can I be held responsible? Please help I can't live like this.

poppy12345

MAC8 wrote: »

HI can anyone please help me. I've learnt recently that the DWP have been paying SDP when I haven't been entitled to it for the last 7 years. I had no idea that I was receiving anything that I shouldn't. In 2012 I didn't reapply for DLA( I couldn't face filling in the forms:() They've recently investigated and are saying that it was my fault as I didn't tell them that they weren't paying me DLA any more, I had no idea that I was getting a premium or that it was dependent on me getting DLA. they now want to recover over £20.057.02 over the space of about 37 years :eek: How can I be held responsible? Please help I can't live like this.

The SDP isn't automatically paid because of the criteria so when you first received it you must have claimed it. I don't understand how you didn't know you were receiving it when every April you receive an up-rating letter with a breakdown of what is being claimed on your ESA and this would have included the SDP.



Although when your DLA stopped this should have flagged on the system to say that you were no longer claiming it, which should have flagged up the SDP. I don't know if this could be considered as a DWP error or not but it may not be because you didn't report the change of circumstances.


I'm not saying i agree with DWP and the overpayment before anyone says anything. I'm just stating my opinion. Others will know doubt reply to this tomorrow as it's now past midnight.

kabebz

Urgently Get some face to face advice with CAB.

ask DWP for concise proof of alleged overpayment.

Do online SAR to all DWP departments, example DLA,IS,ESA whatever departments were relevant to your claim during that period. When it arrives, Look specifically for any inter office communications during the period of DLA stopping in 2012.

TELLIT01

Although SDP should not be paid automatically, I am aware of rare cases where it has been paid based purely on the information in the initial ESA application. The OP should ask for a copy of their application because if that can't be provided it will strengthen their argument of not knowing it was in payment.



A claimant is supposed to inform DWP of any change of circumstances so it can be argued that the OP failed to do this and is therefore liable. It is also true that any change to DLA will/should set a flag on ESA and not acting on that can be viewed as official error.

As said above, the OP needs to speak to CAB or similar.

45002

Hello MAC8

Have you ever filled out one of theses before

https://www.whatdotheyknow.com/request/243895/response/599159/attach/3/Acrobat%20Document%20IS10.pdf


?



You need free adobe to open above file


https://get.adobe.com/uk/reader/




...

[Deleted User]

For my two penneth, receiving more than £60 a week more than you were entitled to should have surely rang some bells ? The DWP cover themselves by saying it is your responsibility to declare ANY change of circumstance, not what you wanted to hear OP I know that.

calcotti

venison wrote: »

For my two penneth, receiving more than £60 a week more than you were entitled to should have surely rang some bells ? .

That presupposes that claimant had some advance expectation of what they would get. Many, possibly most, claimants will not.

However DWP do require claimants do inform them of changes - inc
Using changes to other benefits. However the question does arise of whether the claimant could reasonably be expected to know they were being overpaid and that will depend on the history of the claim. As previously stated the SDP usually has to be claimed and the reason why entitlement might exist would have been explained at the time in which case claimant could be expected to know when entitlement ended. However if SDP was put into payment at outset based on initial information it would be less clear.

speedfreek1000

Not this again!

SDP is not "claimed" it is a premium that should be automatically added and removed by the primary benefit (JSA/ESA/HB) if you qualify/don't qualify any more for certain levels of DLA/PIP.

Failure to add or remove the premium is official error due to maladministration.

That is as long as you have reported any changes of circumstances.

The DWP will argue that you should have known and if you have failed to inform them then they would be correct - otherwise argue official error.

TELLIT01

speedfreek1000 wrote: »

Not this again!

SDP is not "claimed" it is a premium that should be automatically added and removed by the primary benefit (JSA/ESA/HB) if you qualify/don't qualify any more for certain levels of DLA/PIP.

Failure to add or remove the premium is official error due to maladministration.

That is as long as you have reported any changes of circumstances.

The DWP will argue that you should have known and if you have failed to inform them then they would be correct - otherwise argue official error.

SDP has never been added automatically, or shouldn't have been anyway. A form is/should be sent to anybody with potential entitlement. ESA claim forms didn't collect sufficient information for a decision on entitlement to SDP to be made in all cases.

poppy12345

speedfreek1000 wrote: »

Not this again!

SDP is not "claimed" it is a premium that should be automatically added and removed by the primary benefit (JSA/ESA/HB) if you qualify/don't qualify any more for certain levels of DLA/PIP.

Slight contradiction here. I agree with TELLIT, because of the criteria involved, it's not automatically added. I had to fill out a form to "claim" it in 2013, otherwise it wouldn't have been added to my ESA.