Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Default Unknown benefit overpayment?

    We are on Pension credit and receive £237 per week for the both of us which also takes into account two small private pension payments and a carer's allowance. However in addition the DWP pay us another £212 for some unknown reason?
    Over the past 5 weeks since the DWP started paying us this extra £212 per week we have phoned in and queried it as we feel we are not entitled to the money. Every week they tell us that we are entitled to the benefit, but cannot explain why we are entitled to the money. It is not a housing and council tax payment as that would be a lot less anyway.
    We never applied for any other benefit at any time. We have also written to the DWP querying the payment, but it still gets paid into our account and they have sent us nothing in writing.
    Initially we thought we were entitled to the money and spent it as there were some arrears owed to us by the DWP, however over the past 4 weeks we have now being putting it aside. It is becoming difficult to manage as it all goes into the same account as the Pension Credit and DLA.
    We are scared of spending it just in case they demand it all back again which will leave us short every week. Can any one advise what we should do as this seems to be an official mistake that no one at the DWP wants to rectify? Thanks.


  2. #2
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    Default Re: Unknown benefit overpayment?

    does it come with your usual money, or is it paid in seperately?


  3. #3
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    Default Re: Unknown benefit overpayment?

    Did you ever get a letter stating "we're paying you £xxx.xx every 2 weeks" (or however often you get paid) and then a page explain why you get this amount?


  4. #4
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    Default Re: Unknown benefit overpayment?

    Quote Originally Posted by MIKEY DABODEE View Post
    does it come with your usual money, or is it paid in seperately?
    Pension credit is paid on Wednesday and the £212 is paid weekly on the Thursday. We have never received any letter stating why we are being paid the amount despite requesting the reason by phone and also in writing.
    Luckily we have proof of this as one letter was sent by registered mail and the other by normal mail. The phone callsicon have been logged as when I phone and query it, I get the reply that they can see the notes from the previous week etc.


  5. #5
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    Default Re: Unknown benefit overpayment?

    what does the entry say on the bank statement, does it give a national insurance number.?
    Have you been on Pension Credit long?
    Where you in receipt of IB or your partner?


  6. #6
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    Default Re: Unknown benefit overpayment?

    Any overpaymenticon by the DWP due to official error is nor recoverable under social security law - as long as they have all the correct info, if they make an error they can ask for the money back - but you don't have to pay it.

    Please someone correct me if this has changed recently?


  7. #7
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    Default Re: Unknown benefit overpayment?

    Quote Originally Posted by MIKEY DABODEE View Post
    what does the entry say on the bank statement, does it give a national insurance number.?
    Have you been on Pension Credit long?
    Where you in receipt of IB or your partner?
    It has my NI number and states it is from DWP. Have had PC for 2 years and spouse was on ESA up to end of April 2012. ESA stopped and PC increased for cover both of us. We just do not feel right about having a benefit that we may not be entitled to have when every one else is struggling.


  8. #8
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    Default Re: Unknown benefit overpayment?

    That is weird. On my bank statements, it says which department (DLA or ESA) and not just DWP.


  9. #9
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    Default Re: Unknown benefit overpayment?

    Thursday is a weird payday too. And if its got your NINO on to then its definately something that belongs to you.
    They have your bank details..
    I would just hold on to it, if its been paid incorrectly and they try to recover it then, no, its an official error.
    so no OP
    The amount I would say is two weeks couple rate of some benefit maybe...


  10. #10
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    Default Re: Unknown benefit overpayment?

    The only time it is recoverable is if its a bacs error - but if it has your nino, this seems unlikely.


  11. #11
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    Default Re: Unknown benefit overpayment?

    Quote Originally Posted by Nystagmite View Post
    That is weird. On my bank statements, it says which department (DLA or ESA) and not just DWP.
    After the NI number and then DWP it has ISCS and no one at DWP knows what ISCS represents.


  12. #12
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    Default Re: Unknown benefit overpayment?

    It may be Income Support. now why would they be paying you benefit??
    well thats the name of their system.
    Is it just under that amount you stated?
    and does your NINO end in letters 61 to 80?


  13. #13
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    Default Re: Unknown benefit overpayment?

    We have never applied for Income support and no to NINO. DWP checked and it is not an IS payment. It has us flummoxed and we feel as if we are hitting our heads against a brick wall. We have even asked them to stop the payment until it is investigated but the payment keeps coming!


  14. #14
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    Default Re: Unknown benefit overpayment?

    then you have done all you can, they will find their error soon.
    but will not be able to recover the money paid.
    you have done nothing wrong so dont worry


  15. #15
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    Default Re: Unknown benefit overpayment?

    Thanks for the heads up as it has been a constant worry for us.


  16. #16
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    Default Re: Unknown benefit overpayment?

    ISCS is Income Support Computer System.

    Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..


    If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks
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  17. #17
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    Default Re: Unknown benefit overpayment?

    Quote Originally Posted by renegadeimp View Post
    ISCS is Income Support Computer System.
    Never heard of it and obviously neither have the DWP and why we would we be getting it if we had never applied? On checking payments into our account since starting this thread, when the ESA my wife received was stopped at end of April, my Pension Credit increased to £212 exactly the same amount as the DWP ISCS amount currently being paid as they never took into account that she was entitled to carer's allowance but not in payment. It seems strange that the two amounts should be exactly the same. My PC has since increased to £238 from £212 after adviing them about the carer's allowance.


  18. #18
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    Default Re: Unknown benefit overpayment?

    If you are worried about it and think you arent entitled to it, ask the DWP to remove it from your claim or payments and start a full investigation.

    Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..


    If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks
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  19. #19
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    Default Re: Unknown benefit overpayment?

    Quote Originally Posted by renegadeimp View Post
    If you are worried about it and think you arent entitled to it, ask the DWP to remove it from your claim or payments and start a full investigation.
    I have done this several times on the phone and twice in writing but they insist I am entitled to it. I have not had any paper work from any one advising of the benefit payment. I am inclined to agree with others that it is an official mistake that for some reason they do not want to rectify. I have exhausted all avenues to get it rectified.


  20. #20
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    Default Re: Unknown benefit overpayment?

    Well, teh best thing to do now, is to let them pay you, but keep the money in your bank. Write an official complaint stating that you have contacted them multiple times, and you have been advised you are fully entitled to it. However, you have no knowledge of what benefit it is actually for. Demand that they tell you exactly what benefit the payments are for, and if they cant, to start a investigation.

    Address it as high up as you can, and since you will be heading it, official complaint, they will be forced to look into it for you.

    Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..


    If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks
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