Scottish Child Payment - overpayment dispute

GCM_16

Martin, I received a letter from the Interventions team at Social Security Scotland saying that since my Universal Credit ended in June 2024 I shouldn't have been receiving Scottish Child Payments (£106.80 every 4 weeks) from that date either. It says I am now liable to repay £801 for the overpayment. I didn't put two and two together to realise I had to notifiy SSS that universal credit had stopped and the wording on the SSS Scottish Child Payment application is very vague, it says I need to inform them of a change in circumstance but to me that is a change in job, salary, children etc. 
I called SSS and was passed from pillar to post with no help given and it was made very clear that they assume zero responsibility for the overpayment.They said it clearly stated in the last letter they sent me in 2022 on page 2 paragraph 3 what benefits qualify me for SCP and because I hadn't remembered that letter 2.5years later and contacted them myself to say Universal Credit had stopped, it's my fault! They told me that they received notice from DWP on 7th Dec 2024 that my universal credit had ended yet it took them another 2 months to letter me and stop the payments. This apparently is also my fault!

From their own Social Security Scotland website it says:

If an individual is given assistance in error, the individual is liable to repay that assistance (s. 63(1) of the 2018 Act)

However, an individual is not liable to repay the assistance if the error is neither:

• the individual’s fault
• the kind of error that an individual could reasonably be expected to notice (s. 64(1) of the 2018 Act).

Surely this is what has happened here yet they are unwilling to budge and demand the repayment either in full or via a payment agreement. 

I am a single mother with a full-time job and childs father chose not to be in the picture. I am trying to teach my daughter the value of money and work ethic but it's hard and it's not cheap! My F/T salary is not exactly leaving me rolling in it! With the cost of living, council tax rises and everything else - now without any help from the government - it's a struggle. SSS has no compassion and is unwilling to admit any wrongdoing on their part. 

I have 3 questions:

1. Do I have to repay the £801 back to Social Security Scotland?
2. What happens if I don't repay it?
3. Do I have a leg to stand on to get the overpayment either thrown out or reduced, even by the 2 months when they were aware I wasn't in receipt of UC before they stopped the SCP?

Thank you, i'd really appreciate some advice. 
I tried calling Citizen's Advice but after numerous attempts, I can't get through to anyone. 

Kindest regards
Gwen

Dazed_and_C0nfused

GCM_16 said:

Martin, I received a letter from the Interventions team at Social Security Scotland saying that since my Universal Credit ended in June 2024 I shouldn't have been receiving Scottish Child Payments (£106.80 every 4 weeks) from that date either. It says I am now liable to repay £801 for the overpayment. I didn't put two and two together to realise I had to notifiy SSS that universal credit had stopped and the wording on the SSS Scottish Child Payment application is very vague, it says I need to inform them of a change in circumstance but to me that is a change in job, salary, children etc. 
I called SSS and was passed from pillar to post with no help given and it was made very clear that they assume zero responsibility for the overpayment.They said it clearly stated in the last letter they sent me in 2022 on page 2 paragraph 3 what benefits qualify me for SCP and because I hadn't remembered that letter 2.5years later and contacted them myself to say Universal Credit had stopped, it's my fault! They told me that they received notice from DWP on 7th Dec 2024 that my universal credit had ended yet it took them another 2 months to letter me and stop the payments. This apparently is also my fault!

From their own Social Security Scotland website it says:

If an individual is given assistance in error, the individual is liable to repay that assistance (s. 63(1) of the 2018 Act)

However, an individual is not liable to repay the assistance if the error is neither:

• the individual’s fault
• the kind of error that an individual could reasonably be expected to notice (s. 64(1) of the 2018 Act).

Surely this is what has happened here yet they are unwilling to budge and demand the repayment either in full or via a payment agreement. 

I am a single mother with a full-time job and childs father chose not to be in the picture. I am trying to teach my daughter the value of money and work ethic but it's hard and it's not cheap! My F/T salary is not exactly leaving me rolling in it! With the cost of living, council tax rises and everything else - now without any help from the government - it's a struggle. SSS has no compassion and is unwilling to admit any wrongdoing on their part. 

I have 3 questions:

1. Do I have to repay the £801 back to Social Security Scotland?
2. What happens if I don't repay it?
3. Do I have a leg to stand on to get the overpayment either thrown out or reduced, even by the 2 months when they were aware I wasn't in receipt of UC before they stopped the SCP?

Thank you, i'd really appreciate some advice. 
I tried calling Citizen's Advice but after numerous attempts, I can't get through to anyone. 

Kindest regards
Gwen

Martin isn't going to answer individual posts on here.

But why wouldn't you want to pay the money back?  

You might look to see if you can pay it back over a similar period it was paid to you but at the end of the day, from what you've posted, you have had money you aren't entitled to.

What lesson is that for your daughter if you try and wriggle out of paying it back 🤔

Northern_Wanderer

You should have told Social Security Scotland about your change of circumstances, which you did not do. You stopped being entitled to scottish child payment when your UC award ended. You have been overpaid. That is why you are being asked to repay. If you don't repay it will most likely be sent to a debt collection agency.

https://www.mygov.scot/scottish-child-payment/who-should-apply

https://www.citizensadvice.org.uk/scotland/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/overpayments-of-scottish-benefits-s/

sheramber

Unfortunately, your incorrect  assumption that no longer receiving UC  was not a change of circumstances was  your fault. 

Ultimately they can get an order instruct your employer to deduct it from your wages.