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DWP debt management taking all of UC back payment

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seanny
seanny Posts: 14 Forumite
Sixth Anniversary First Post
edited 30 October 2019 at 5:53PM in Benefits & tax credits
I recently won a DWP tribunal and was put in limited capability to work group. This involved a substantial back payment of arrears being due to me. I have received none of this as DWP debt management have taken it all as payment towards an outstanding amount owed.

Can they do this?

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  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    seanny wrote: »
    I recently won a DWP tribunal and was put in limited capability to work group. This involved a substantial back payment of arrears being due to me. I have received none of this as DWP debt management have taken it all as payment towards an outstanding amount owed.

    Can they do this?
    Yes, I believe they can.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • yes definitely they can take money owed to them from any benefits they pay you even if they have to wait until you get your state pension, OP might be worth you coming to agreement to pay the balance?
  • Alice_Holt
    Alice_Holt Posts: 6,094 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    seanny wrote: »
    I recently won a DWP tribunal and was put in limited capability to work group. This involved a substantial back payment of arrears being due to me. I have received none of this as DWP debt management have taken it all as payment towards an outstanding amount owed.

    Can they do this?

    Yes.

    https://www.gov.uk/government/publications/benefit-overpayment-recovery-staff-guide
    Page 35
    "5.49 Where a debtor with an outstanding overpayment is due arrears of benefit, these arrears can be withheld in full to recover an overpayment or Administrative Penalty unless those arrears arose as a consequence of a benefit award being suspended...."

    https://www.gov.uk/government/publications/dwp-debt-management-performance-data/dwp-debt-management-customer-service-standards
    FYI - If you think they have breached this guidance.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
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