UC Overpayment Dispute

calcotti

OP, the bits I’ve quoted are from DWP guidance. This isn’t always legally correct so you could try a Mandatory Reconsideration but I don’t expect you to be successful.

TheFlamingRed

Icequeen1 and @calcotti.

Thanks for this. Legally it seems this appeal has no real basis of succeeding at anything. Mr Y is only benefiting from this because of the backdated amount appeared after the seperation (meaning he hadn't needed to use that money for the bills they had as a couple where they would have had less UC). That's sufficently murky that I doubt there is any basis of a civil dispiute either. A pity, as Miss Y will have to deal with the consequences of this for months to come. I feel there are some holes in the system for abuse and unjust like this, but like my initial point "From my experience, benefit disputes rarely ever succeed in any capacity, as they like to wipe their hands of any responsibility"

deannagone

Like others, I agree this is unfair, but think your friend might have to accept the judgment and start negotiating as minimal amount as UC will allow to repay the money they consider owed. I suppose she could open a small claims case against the ex but no idea if it would be successful and little chance of actually getting the money paid to her if she was successful.  So sorry.  Perhaps Citizens Advice would help negotiate with UC?

Alice_Holt

I think I'd being going done these routes;
a) Miss X negotiating with her ex partner to pay her an portion of the CA back-payment to offset her UC o/p;
b) With the help of her MP requesting that UC exercise discretion and do not make recovery;
c) An MR and an appeal - just in case there is some regulation / case law that we are not aware of.

I think there would be very slim chances of 2 and 3 succeeding (but worth attempting), her best chance is re-imbursement from Mr Y.
Vanishingly slim chance of a complaint letter yielding a positive outcome.