Overpayment - DWP at fault 5 October 2022 at 8:29AM in Benefits & tax credits 10 replies 615 views

Nira123

Hi

I was recently awarded LCWRA after a 10 month wait and a cancelled WCA, which was then rescheduled. 

I receive PIP also due to my disabilities and permanent health conditions. 

I have done everything correctly such as submitting fit notes etc to them until I no longer needed to. 

I then received back pay that I was owed. 

I got a letter in my journal telling me that they’ve overpaid me over £1200 and will taking £50.24 per month of my UC. As of this month, that deduction has been made. 

I simply cannot afford this and I’m already struggling due to many factors, not least of all being on my own and the cost of living. 

Is there anything I can do about this? I’m so angry and upset that they’ve made such a huge mistake and as usual it’s the claimants who suffer. 

Thanks for any help/advice! 

Robbie64

Unfortunately UC can recover any overpayment regardless of what caused the overpayment. Assuming the DWP have made a correct decision then all you can do is try to negotiate smaller repayments.

elsien

Have you checked that their figures are correct and that you have been overpaid? 

pmlindyloo

The figure being deducted appears correct.

As already suggested.... have you checked that you have definitely been overpaid? You can ask for a statement of reasons about the overpayment.

If everything is correct then you can ask for the deduction to be lowered.  You would have to provide evidence to support your financial situation.

Read this link for further information:

Fact Sheet - Benefit overpayments under the Universal Credit System | National Debtline

poppy12345

I note that you're claiming New style ESA as well as UC. When placed into the Support Group for ESA and LCWRA for UC then you would have received backdated money from both. As your ESA is deducted in full from your UC receiving both would mean you were paid twice. There's usually an overpayment of UC in this case.

xxxxxxxx

Have you spent the money already? if not, phone up dwp debt and offer to repay the money in full.

elsien

xxxxxxxx said:

You have spent the money already? if not, phone up dwp debt and offer to repay the money in full.

They’ve already said they can’t afford the proposed monthly instalments so where do you get paying it off in full from?

xxxxxxxx

The two are not mutually exclusive. My advice was for the OP.

poppy12345

xxxxxxxx said:

The two are not mutually exclusive. My advice was for the OP.

I thought it was a public forum so anyone can comment...

tomtom256

Phone debt management and ask them to lower the repayment.

TELLIT01

xxxxxxxx said:

The two are not mutually exclusive. My advice was for the OP.

In the real world they generally are.  If somebody can't afford to pay back £50 per month, it would be strange for them to be able to pay back £1200 in one lump.