Overpayment & home 29 May 2008 at 11:49AM in Benefits & tax credits 14 replies 945 views

prawncocktail

My friends dad has a house that is part buy, part rent setup. He is 57 years old. He own 25% and pays rent on the rest. Some housing association thingy. My friend says his dad received a letter that he had been overpaid on IB. This dates back two years ago. Coupled with HB/CTB it amounts to over 10K. He should have moved from IB to JSA as his condition improved but he stayed silent and then got a job. He cannot afford to repay the amount and fears his dad will have to sell his share in the house. What he earns just covers the bills. Can he pay back only what he can afford? He has a partner now but not so when he was IB. I ran this past my friend but I need to check it with some folk on here. If he were entitled to JSA then he would be entitled to HB/CTB as well I would assume. Surely this has to offset what he owes in overpayment because he could have claimed JSA if he switched. Therefore the amount owed should be hundreds not thousands. I'm I correct?. I have advised my friend to tell his dad to see someone at the CAB. But he is a bit worried for his Dad.

tom9980

He kept silent and lied instead of telling the truth and moving on to JSA they have every right to reclaim money he claimed its called fraud. He should of told them about change in circumstances and he didnt so they couldnt advise him which benefits he needed to claim. I think because of this he will have to pay all the money back and he wont be entitled to claiming the JSA or other benefits he should of been on either, they only backdate in certain situations dont see why they would for someone who is manipulating the system.

krisskross

Was he working and still claiming IB? I do not understand why if he was entitled to IB and had not been called for a medical or whatever why he should have gone onto JSA.

seven-day-weekend

krisskross, as far as I understand the OP's post, he was on IB, but then his condition improved to the point where he was able to work (and therefore should have gone onto JSA), but instead of informing IB he just continued claiming it and eventually got a job abnd STILL claimed it.

This is fraud and I personally don't see why he shouldn't pay back every penny, but all he can do at the moment is as someone suggested and see a Benefits Advisor at the CAB.

OP, sorry if I've misunderstood your post.

seven-day-weekend

Sorry for misunderstanding.

Well, I suppose they can't take what he hasn't got. I wouldn't have thought that he would be expected to sell his share in his house.

I still think his best bet is to contact the CAB, or maybe one of the free debt management agencies such as CCCS.

krisskross

I have never heard of anyone voluntarily saying they no longer need IB and go onto JSA instead. Most odd.

seven-day-weekend

krisskross wrote: »

I have never heard of anyone voluntarily saying they no longer need IB and go onto JSA instead. Most odd.

You are supposed to tell them if your health improves, which would generate a DWP medical. If you are then found fit for work, IB stops and you claim JSA.

krisskross

seven-day-weekend wrote: »

You are supposed to tell them if your health improves, which would generate a DWP medical. If you are then found fit for work, IB stops and you claim JSA.

Can you see this happening? You would find a job first then stop claiming altogether.

Still think it is very odd.

seven-day-weekend

krisskross wrote: »

Can you see this happening? You would find a job first then stop claiming altogether.

Still think it is very odd.

TBH, in many cases, no - but it is what is supposed to happen and I suppose if you get caught they will say you have had money you are not entitled to.

Form IB72 says :

IF YOUR INCAPACITY CHANGES OR YOUR CONDITION IMPROVES

'You must tell us straight away if there is an improvement in your condition and you
-are able to do more, or
-gradually start to feel better over a longer period of time

This could be as a result of
-surgery
-the use of aids or appliances, or
-a change in your medication

You must also tell us straight away if your incapacity changes.

If this happens we may have to look at your claim again. We may ask you to fill in a form IB50 Incapacity for Work questionnaire and to attens a medical examination.

So, there it is, straight from the horse's mouth.

krisskross

seven-day-weekend wrote: »

TBH, in many cases, no - but it is what is supposed to happen and I suppose if you get caught they will say you have had money you are not entitled to.

Form IB72 says :

IF YOUR INCAPACITY CHANGES OR YOUR CONDITION IMPROVES

'You must tell us straight away if there is an improvement in your condition and you
-are able to do more, or
-gradually start to feel better over a longer period of time

This could be as a result of
-surgery
-the use of aids or appliances, or
-a change in your medication

You must also tell us straight away if your incapacity changes.

If this happens we may have to look at your claim again. We may ask you to fill in a form IB50 Incapacity for Work questionnaire and to attens a medical examination.

So, there it is, straight from the horse's mouth.

Yes I understand all this. However he doesn't appear to have had a medical, so hasn't failed one. He is actually being asked to pay back IB, about 2 years worth so how can it be said he shouldn't have been getting it if he wasn't working anyway?

Surely it would not be possible for the DWP to say that he had been fit for work for 2 years and therefore not entitled to IB even though he hadn't been called for a medical or had to fill in a form.

seven-day-weekend

Oh well, I don't know then.

Perhaps the OP will tell us how they knew his condition had improved and when.