Income Support Overpayment

Oldernotwiser

womble100 wrote: »

:rotfl: posters dont be too harsh.remember you dont have to be bright or even have a brain to go to uni these days.you can be as thick as 2 short planks.

Ain't that the truth!

Oldernotwiser

overpaid1 wrote: »

I am aware of that now. Obviously not at that the start. Please do not try and paint a picture different to what I have said.
There may be information on the JCP site now. But there certainly wasn't in 2004 or 2005.

I am not, nor was I previously defrauding the system. At no point was I intentionally in receipt of both fully aware that I wasn't supposed to be. If I was I wouldn't be willingly pay back other overpayments that have accrued. It is the fact that an overpayment of significant amount has been thrown back in my face at a point of 0 income, a year later, with incorrect dates on it.. I'm not dodging, I want DWP to pull there finger out about things so that someone else doesn't find themselves in a similar situation. I read elsewhere on this forum that DWP workers allegedly leave stuff involving students on their desk until they can be bothered because they are too complex. I will pay back of course but when then they give me some answers. I am not denying some accountability but DWP should concede some too and I just want to be aware of the legislation when they confront them about it.

I've spent the last ten years advising lone parents, on income support, planning to go to university and believe me, that information has been on ALL the relevant websites for that period. It's also one of the first things that people ask, "how will my student loan affect my benefits" or "do I have to come off benefits when I become a student"? I have NEVER met anybody who thought that they could get full benefits and the student funding in addition!

I can't quote you chapter and verse on the legislation but the relevant fact is that IS is a means tested benefit and it is affected by ANY other income, whether student funding, child support, part time earnings, the Tooth Fairy or Father Christmas!

You say that you realised in the summer of 2007 that you had been claiming benefits without declaring your student loan as income but you STILL didn't notify them that you had been overpaid and now you say that you shouldn't have to repay this money because of the time that's passed. You really take the proverbial biscuit!

overpaid1

You say that you realised in the summer of 2007 that you had been claiming benefits without declaring your student loan as income but you STILL didn't notify them that you had been overpaid and now you say that you shouldn't have to repay this money because of the time that's passed. You really take the proverbial biscuit!

no... that is when they told me I was not entitled to it and payments stopped at that point in summer 07. until then I was unaware. I didnt carry on to receiving IS after this, you think I would come on here and ask questions if that was the case would be a bit obnoxious to do so. ... twisting words again, what is the point?

viktory

Come on, you have successfully milked the system and as someone as has already said, you are very fortunate that you are not being prosecuted. Forget the time limits and pay the money back asap.

bestpud

I can assure you this information was freely available in 2004 and 2005.

I was doing an access course during that period and those on income support were very well aware of the rules! It was not taught by anyone - people went away and researched for themselves.

I was not on IS but needed to look into my situation and what was available etc. It was very easy!

If you didn't then you only have yourself to blame tbh.

I don't think there is a time limit, but if there is, it will be several years at least. You have no chance after 10 months, although I'm sure you hoped your change of address would delay any action and take you over some imaginary time limit. :rolleyes:

Just pay up - you had it good for a while but now you need to accept you have been rumbled. The longer you leave it and the more you mess them about, the less chance you have of getting a favourable repayment plan too.

Oldernotwiser

overpaid1 wrote: »

no... that is when they told me I was not entitled to it and payments stopped at that point in summer 07. until then I was unaware. I didnt carry on to receiving IS after this, you think I would come on here and ask questions if that was the case would be a bit obnoxious to do so. ... twisting words again, what is the point?

I wasn't suggesting that you were claiming IS after summer 07 but you knew at that point that your student funding was counted as income. Despite this you didn't contact anybody to point out the overpayment but kept your head down hoping that they wouldn't notice. Perhaps that was worth trying, I don't know, but to now argue that as you'd escaped notice for nearly a year you shouldn't have to pay back the money isn't going to work. As bestpud says, you're best not to dispute this and try to negotiate favourable settlement terms.

elisebutt65

Ahem - this actually happened to me as well 4 years ago - I started off on IS then started my Degree course - I gave Job Centre ALL my details - including bank statements and copies of student loan and grant info and they still carried on paying me - I went into office and rang several times querying this as I didn't want to be overpaid. I kept the money back as I checked and online it said I want' supposed to be getting it except in Summer break - They still kept paying it and then when I started the next year - they must have clicked!!!

I had a letter saying that they had overpaid me but as it was their mistake, I could voluntarily pay it back or keep it - up to me. So I rang them and they said as it was an error on their part I didn't have to pay the money back. Now I just get it in the summer break and I make sure that in the new semester I go in and sign right off - I don't give them the option of checking - it's not worth the worry!

Having said that - I'm doing my Masters this year and as I don't get any support, I'll be getting IS right the way through - and yes I checked with LP advisor in person that it's ok to do this and on the phone and online. I may be working though so I'll have to let them know every week how much I earned etc so they can knock it off my benefit.

overpaid1

Oldernotwiser wrote: »

I wasn't suggesting that you were claiming IS after summer 07 but you knew at that point that your student funding was counted as income. Despite this you didn't contact anybody to point out the overpayment but kept your head down hoping that they wouldn't notice. Perhaps that was worth trying, I don't know, but to now argue that as you'd escaped notice for nearly a year you shouldn't have to pay back the money isn't going to work. As bestpud says, you're best not to dispute this and try to negotiate favourable settlement terms.

all necessary people were contacted after this point. head wasnt kept down or anything like that. they at that point knew about overpayments. the way you write things is really assumptive actually not only you.. alot of posters. how many times.. the money will be paid back. 0 income now so they will have to wait. i just want DWP to admit some mistakes.

I have seen people, take odd jobs, been found out by the DWP and said "i didnt know what a national insurance number is, or about tax" and get away with it. If i was displaying that much ignorance then I can justify the rants of some.

@elisebutt - I am glad I am not the only 'village idiot' on this thread At least in your case they admitted some fault and I am happy you no longer have the headache I have now.

@ viktory - i didnt milk anything, more assumptions. Prosecution, a man from the DWP has told me is only in the case, where they continually ask for something and you avoid attending. ie. when you look like you have something to hide. I was nowhere near prosecution.

@best spud - there is nothing to rumble. my change of address was not a tactical move. I phoned them up and changed as soon as I moved. The DWP received address change 8 months ago. Did they have to send my details off t NASA to get a calculation?

I find alot of posters on this forum and others take an all attack-attack approach when replying to some threads after conjuring assumptions in their head. I am not looking for a sympathetic ear nor a critical tongue. I asked two questions and expect responses to be answered in an objective non-presumptuous way

Oldernotwiser

elisebutt65 wrote: »

Ahem - this actually happened to me as well 4 years ago - I started off on IS then started my Degree course - I gave Job Centre ALL my details - including bank statements and copies of student loan and grant info and they still carried on paying me - I went into office and rang several times querying this as I didn't want to be overpaid. I kept the money back as I checked and online it said I want' supposed to be getting it except in Summer break - They still kept paying it and then when I started the next year - they must have clicked!!!

I had a letter saying that they had overpaid me but as it was their mistake, I could voluntarily pay it back or keep it - up to me. So I rang them and they said as it was an error on their part I didn't have to pay the money back. Now I just get it in the summer break and I make sure that in the new semester I go in and sign right off - I don't give them the option of checking - it's not worth the worry!

Having said that - I'm doing my Masters this year and as I don't get any support, I'll be getting IS right the way through - and yes I checked with LP advisor in person that it's ok to do this and on the phone and online. I may be working though so I'll have to let them know every week how much I earned etc so they can knock it off my benefit.

It seems to me that you've done the right things from the start. You've found out that you're not eiligible for IS, have tried to put things right and haven't spent the money! I'm really pleased for you that you were able to keep the overpayments and are now still able to claim for your Master's. Your situation is quite different from the OP's.

bestpud

Oldernotwiser wrote: »

It seems to me that you've done the right things from the start. You've found out that you're not eiligible for IS, have tried to put things right and haven't spent the money! I'm really pleased for you that you were able to keep the overpayments and are now still able to claim for your Master's. Your situation is quite different from the OP's.

Quite agree!

Elsie - You couldn't have done any more to inform them - 100% their error so quite right they wrote it off.

Another point to notice here is that you realised you were probably not entitled! That would have been 2004, I'm guessing, so I wonder where you got the idea it may be incorrect from? :rolleyes: