can jsa claim back over payment from 8 years ago?

ian99_2

i have been on jsa for 18 months now and am also homeless (sleeping on freinds sofas etc). I was offered a house so applied to the benefits agency for a social fund loan to cover the advance rent and was refused due to an outstanding debt of |£290. when i queeried this was told that the debt was from the jsa for an overpayment which occurred in 1996(when i was last unemployed)
I cant remmember what benefits etc i was on during that period so cant excactly argue that they are wrong etc but I have been unemployed for 18 months now and they have had all that time to claim back the over payment. if they had claimed it back before now then i would be debt free with the benefits agency and would have got the loan for advance rent.
does anyone know if there is a maximum period that overpayments can be claimed back by jsa or if it would be possible to delay paying back the overpayment so that i could apply for the social fund loan.
I have only claimed benifits twice in my life(im 38) and this period has been the longest and only came about with relationship breakdown ( i worked for my ex)
i want to work but cant due to being homeless and this loan from ba would get me a home and there for a job.
i would be EXTREMELY GREATFUL for any advice. I should have internet access all weekend but after that there might be a dely in replying due to not getting online, but will answer asap as i can get online most days at the local library.
thanks ian

Ted_Hutchinson

I think you will find they are time limited to 5 or 6 years.

So I think you ought to right to them asking them to justify their decision to recover and provide the supporting legislation for their action.

If you want to read a discussion on a similar issue rightsnet

ian99_2

wow thanks for the prompt reply , i'm off to have a read now

chugalug

Surely they have provided you with full written details of the alleged debt? If not, why not? Have you asked them? Hope you get it sorted but if this is causing major problems I would suggest a visit to the CAB. A lot of the main offices have benefit specialists who may be able to help.

ian99_2

they have told me that my debt stays with me forever and that that it will take 3 WEEKS for them to send me a letter detailing what the overpayment was

fatbelly

Are there any other schemes that could provide advance rent and deposit? In my area, Stonham Housing run a bond scheme and the local council also have some sort of homelessness scheme.

I hope the dwp are not already making deductions from benefit. You may want to appeal against this but it's difficult to do so until you have the details.

When you say 'they', you're referring to the dwp, yes? Have you run this one past the CAB yet? Most have benefits specialists who would take up your case.

Fran

I agree with other posters - get to Citizens Advice bureau if you haven't already, also speak to Shelter.

fluffyscruffy

The debt does stay with you from what I know, but I dont think they can recover it UNLESS you are claiming benefit then they can recover it. This is how social fund debt works, if the debt is more than a certain number of years old its not persued unless person is on a benefit such as JSA, IS, IB, pension or carers allowance then it will be automatically taken. Im assuming its the same for overpayments.

ian99_2

sorry for not replying earlier but not had a chance to get online since last post.
I have spoken to them and they tell me that they have the right to claim back money but cant tell me what the overpayment is for until the file comes back from where ever and thats prob gonna be another couple of weeks.
thing is that i am getting £16.70 per week taken off my jsa which is really making life difficult as i have less than £40 per week now and am really struggling now. i have been to cab but they are only open a few hours a week and the last 3 times i have went there on times they were supposed to be open they have been shut due to staff shortages.

jockettuk

a few yrs back out of the blue i got a letter from the dhss telling me i owed nearly £800 dating back over 13 yrs .. i hadnt a clue as to what this was all abt so i got my MP involved.. my dispute was that i wasnt in hiding or anything apart from changing my name as got married i had the same address same NI number etc etc.. i was eventually told that it was a back dated housing benefit that i was getting .. at the time i was working part time and supposed to be getting half benefits but appeared they had paid the full housing benefits.. at the time i had known this and was arguing abt it but was assured it was ok ...of course now it wasnt ok.. I was informed that the Debt of over £500 stays with you for 20 yrs after which they cant legally chase you and the debt under £300 (dont know why they split it ) stayed with me for £10 yrs (these rules might have changed now) basically i owed this money and had to pay it .. and guess what they claimed it when i had to claim income support when me and hubby split up .. could have been paid off yrs earlier and a lot quicker.. I had to appeal abt the amount they were taking off me and show them that i couldnt afford that they took that much off but eventually they agreed but i still had to pay £8 a week to them..

I would suggest you go through the appeals process with them if nothing else that might make them give you the rent money you need as if you have a house you probably get a job and pay them off quicker..

ian99_2

i've been unemployed for 18 months now so i'm saying to them 'why didn't you start taking it then?' as if they had the debt would have been paid off and i would have been elidgable for the budgeting loan for advance rent and would now have a house and more than likely a job.
I was told to try and aplly for a crisis loan for the advance rent which i did on thursday and they said i would have a reply by today so i'm off to the phone box shortly to phone them so with a bit of luck i may get the loan. (but i'm not holding my breath as NOTHING seems to go right for me lately)

fingers crossed anyway