Appealing DWP Income Support overpayment decision

ExTeacher · 26 October 2016 at 10:45PM

I've received an income support overpayment letter from the DWP for the huge sum of £11,000. The reasons were stated on a letter entitled statement of reasons for the decision. I was advised by the CAB to ask for a mandatory reconsideration as I had evidence disputing their reasons. Once the mandatory reconsideration is back only then I can I appeal.

I want to know how do I appeal? Are there any time constraints I should be aware of?

Thanks

Diary · 26 October 2016 at 11:23PM

If you're already using CAB you'd be well advised, given the scale of things, to continue with CAB.

You have given so few details it's impossible for even an educated guess and they, presumably, know the full circumstances.

NeilCr · 27 October 2016 at 12:22AM

Agree with Diary go back to CAB if your mandatory reconsideration fails.

However, here is some information

https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/benefit-overpayments/

If you follow the links through it will tell you the process and time limits

ExTeacher · 27 October 2016 at 12:33AM

Hi. I requested mandatory reconsideration in August. After a telephone call I sent them evidence (upon seeing my bank statements they saw money being transferred to another account. They assumed I was hiding money in a different account. This was in fact my savings account, which is linked to my current account. Whenever one ccount increased the other decreased by the same amount.

The last time I met the CAB was briefly in August. Now if I have to wait several weeks to meet an advisor I'm worried I may miss any potential deadlines.

Today I received a letter stating they are upholding their original decision. I want to appeal it. Whom do I appeal to and how? What is the time limit for doing so?

Thanks

missapril75 · 27 October 2016 at 2:46AM

ExTeacher wrote: »

...(upon seeing my bank statements they saw money being transferred to another account. They assumed I was hiding money in a different account. This was in fact my savings account, which is linked to my current account. Whenever one ccount increased the other decreased by the same amount...

Well, yes, but is the balance of both accounts at a level that means you should have received less or no means tested benefits?

The idea of having two accounts with, say £1000 in each and then £100 is transferred making £900 and £1100 and then another £100 transfer making £800 and £1200 is pretty straightforward.

Highly unlikely someone would consider that an overpayment to begin with, let alone stand by the decision when challenged.

It sounds like they were either unaware of the savings account or they were unaware of increasing balances taking the total to an amount at which benefit is affected.

Presumably every time the current account balance went down because of the transfer to the savings account, your current balance then went up again as a result of some income going in and then there's another transfer.

If that's what has been happening then the combined balance is steadily increasing. That is, after all , the purpose of savings.

But it's just as guess, as someone else mentioned.

They don't make such decisions with amounts like this lightly let alone stand by them when challenged.

NeilCr · 27 October 2016 at 7:09AM

ExTeacher wrote: »

Hi. I requested mandatory reconsideration in August. After a telephone call I sent them evidence (upon seeing my bank statements they saw money being transferred to another account. They assumed I was hiding money in a different account. This was in fact my savings account, which is linked to my current account. Whenever one ccount increased the other decreased by the same amount.

The last time I met the CAB was briefly in August. Now if I have to wait several weeks to meet an advisor I'm worried I may miss any potential

Today I received a letter stating they are upholding their original decision. I want to appeal it. Whom do I appeal to and how? What is the time limit for doing so?

Thanks

To be clear. This is the response to the mandatory reconsideration you made in August?

If it is it should tell you on the letter whether you can appeal it or not. If you can, then you have 30 days from the date of the letter, you use form SSC1 and you send it to the address on the letter. If you read through the link I posted this information and more is there

Personally, I'd contact CAB first to see if they can see you. If you explain about the deadline they, hopefully, should be able to fit you in

ETA The specific link on appeals if you haven't been able to locate it

https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/appealing-against-a-benefit-decision/appealing-against-a-dwp-benefit-decision/

xylophone · 27 October 2016 at 12:29PM

Previous thread here https://forums.moneysavingexpert.com/discussion/comment/71188150#Comment_71188150

See post 25.

The OP and his family live with his wife's parents in a house which those parents own.

The case seems to be that at some stage after claiming, the OP and his wife amassed savings between £8000 and £14000 (?) which was intended for use in paying for the building of a downstairs bathroom extension to the house ( to cater for OP's disability) and for paying rent to the in-laws.

Presumably it is transfers of this money between his savings account/current account that is being queried?

FBaby · 27 October 2016 at 4:33PM

This was in fact my savings account, which is linked to my current account. Whenever one ccount increased the other decreased by the same amount.

Well not exactly. According to your other thread, the other account is your wife's savings, not yours.

ExTeacher · 27 October 2016 at 10:29PM

She had a savings account to pay for a downstairs toilet which I would've benefited from. Anyway its rather academic whose savings account it is. Whats my wifes is mine and vice versa. For the purpose of income support its a joint claim as a couple.

marliepanda · 27 October 2016 at 11:46PM

And as you were told before here, and clearly the DWP agree, you had too much money to claim.

Benefits unfortunately are not there to allow you to amass such sums and continue claiming.

ExTeacher · 28 October 2016 at 6:52AM

I'm not disputing there has been an overpayment. All I'm saying is it is not £11,000 worth. I was entitled to claim as I didn't have too much money to claim initially. But when the money accrued I should've notified dwp. My health concerns were at the forefront.

Anyway back to the matter in hand. I was enquiring about the procedure to appeal and the time limits involved.

Appealing DWP Income Support overpayment decision

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