If I am correct im sure the rules of Child maintenance rules changed in April 2010, meaning if claiming Income support ...this would be disregarded by Housing Benefit, Income Support and Council Tax.

Before April 2010 the rules are that you are allowed to keep £20 whilst in reciept of Benefits...

Which brings me to asking my question....

I have been told that I may have incurred an Overpayment on Income support because they have not taken into account the maintenance I was recieving. Should this decision be based on the new rules or the old rules of Child maintenance and as I informed them by telephone...what grounds would I have to appeal this? I hope someone can help as they are trying to say I owe roughly three grand.

Hi,

I've moved this thread to the appropriate Forum.

Regards.

Scott.

I had similar issue where there was a change over period, whereas one minute the dwp were counting the maintenance as income, then not, but then they did again and now are not. I actually till that time had never received the payment from kids csa into my account, but when got it expected my income support to lessen if you see what i mean. Whereas before they just kept it at dwp.

Just to put that simply due to the new changes as of when the maintenance was to start as not counted the member of staff was a little confused I believe of when it was to be introduced.

I received the money and noticed it was not being taken account of re income support as per usual, so I rang them up.

I was told that it didnt count and to spend the money as I wished during a period where it did count I later realise and for some reason the system had started paying it to me rather than dwp take it. I rang them on two or three occasions to say are you sure this money is mine and each refering to the notes on my file, confirmed it was okay. The last woman I talked to had a distinctive voice and when I rang after receiving an overpayment letter said I thought I recodnised her voice.

Have to add I did believe them and spent the money and when received overpayment letter got very distressed.

She seemed anxious but still polite and I said I think it was you who told me to spend the money and enjoy and she said yes it was, I can see on file it was me. CHANCE OF THAT HEY? Any how she was lovely opened up and said there was some confusion but due to it being clearly not my fault I would not have to pay the overpayment back and I never heard of it again.

I did record the call of her telling me to spend the money and think that made the difference and offered to play it back, I was told it was not necessary.

Now if it wasnt just the lady who dealt with me it could have been a small period where the same error was told to others, as she wasnt the only rep I spoke to.

So I say when calling dwp record calls as they make mistakes too, but luckily were lovely and happy to admit it in my case.

Could you have had the same issue as me?

It related to a few months period I cant remember exactly when but it was the end of the year prior to when it officially was again stated the payment did not count as income, but this time officially.

I also incidently had over all this time not been paid my 10.00 then it changed to 20.00 a week that you were allowed to have not counted as income that entitled to. I kept getting letters saying soon you will get such and such extra but it never happened and this went on for some years as their dad has always paid csa and it went to dwp. But considering the overpayment was wiped I didnt take up the issue and didnt need the extra stress to be honest, was I now realise more concerned with not being as I panicked labelled a crim when I had done all I could xx Have to say I dont know wether it was written off due to them probably oweing me a similar amount or the original error but in any case it was.

Have to say since this happened have not had any csa or dwp problems. Just wondering wether they are chasing old overpayments and this issue has therefore just flagged up for you whereas I noticed something was what I thought wrong, not all would have I suppose xx

You need to record the call to them either by simply using mobile with record sound in entertainment bit as I used to and then moved on to a true call device that does it for me.

Would you have an old phone bill and could you trace the call that way as in get them to realise it is not your fault?

Thinking on it now wonder I recodnised her voice, I had recorded and relistened to it, hahahaha. Here was me thinking I had a better memory than I thought, schucks.xx

Best of luck xx

With the DWP you can get away without having to pay back over payments. No such luck with the council. It was very nice of those child poverty people (I think it was them) who took DWP to court about that & won, but they failed to think of the people on housing benefit too, which lets face it, is quite often the same people as on income support

Anyway, it depends when the over payment is for. They wont take into account the new rules going back before april 10 if that's what you're hoping. Only from april 10 up until now basically.

Erika and Mikey are experts in this field, they might post advice later, they helped me. I had diff user name then but due to memory problems after seizures have forgot the email and passwords relating to that ID Though my thread might ring a bell

Note to self write down my username and pword in diary this time :oops:

It changed for HB/CTB in 2008 and for other benefits (such as IS) in 2010.

They will use the legislation that applied at the time for the period they are questioning. So, if they say the overpayment was made from 1/8/8 to 1/8/9 they will calculate the child support as income. If there is an overpayment they then need to consider whether the overpayment is recoverable. If you informed them that you were receiving child support payments from the moment you began to receive them, you have not failed to disclose a material fact or misrepresented your claim therefore any overpayment is not recoverable.

It changed for HB/CTB in 2008 and for other benefits (such as IS) in 2010.

 

They will use the legislation that applied at the time for the period they are questioning. So, if they say the overpayment was made from 1/8/8 to 1/8/9 they will calculate the child support as income. If there is an overpayment they then need to consider whether the overpayment is recoverable. If you informed them that you were receiving child support payments from the moment you began to receive them, you have not failed to disclose a material fact or misrepresented your claim therefore any overpayment is not recoverable.

If that happens do they still always notify you of the overpayment, even if it's not recoverable?

They may do, though I don't know if it's something that they have to do. Though DWP cannot insist on recovering an overpayment which arose as a result of official error, an overpayment can be repaid voluntarily if the claimant wishes to do so. I've dealt with some cases where claimants have made their own arrangements to repay voluntarily. It isn't common, not something I've seen a lot of, usually it is the older generation who insist on voluntary repayments from what I've seen.

They'll use the original version, i was overpaid £3 a week for a year, as they had £23 month not week on their computer system, even though I told them it was per week and then when in an interview told them of their error when she was checking my details with me so they sent me a letter then showing how I have to pay my overpayment back. I had a letter the DAY AFTER lol, changing their child maintenance rules. I thought, wow just my luck. What a kick in the teeth lol. For £3 a week, that I assumed was automatically being taken out of my IS.

But yeah, the version of when you claimed, is the legislation they use.

It changed for HB/CTB in 2008 and for other benefits (such as IS) in 2010.

 

They will use the legislation that applied at the time for the period they are questioning. So, if they say the overpayment was made from 1/8/8 to 1/8/9 they will calculate the child support as income. If there is an overpayment they then need to consider whether the overpayment is recoverable. If you informed them that you were receiving child support payments from the moment you began to receive them, you have not failed to disclose a material fact or misrepresented your claim therefore any overpayment is not recoverable.

Thanks Erica for your invaluable advice...this will really help me with sorting out my situation. I have not been told yet how much the overpayment will be as of yet. The worse case Im looking at is paying it pack....although I notictified them and feel it's there error as I informed them by telephone..im going to have a sturggle prooving it. (unfortunately)! The worry of it not affecting housing benefit was my big concern as the last thing I need is rent arrears on top of an OP.

I had similar issue where there was a change over period, whereas one minute the dwp were counting the maintenance as income, then not, but then they did again and now are not. I actually till that time had never received the payment from kids csa into my account, but when got it expected my income support to lessen if you see what i mean. Whereas before they just kept it at dwp.

 

Just to put that simply due to the new changes as of when the maintenance was to start as not counted the member of staff was a little confused I believe of when it was to be introduced.

 

I received the money and noticed it was not being taken account of re income support as per usual, so I rang them up.

 

I was told that it didnt count and to spend the money as I wished during a period where it did count I later realise and for some reason the system had started paying it to me rather than dwp take it. I rang them on two or three occasions to say are you sure this money is mine and each refering to the notes on my file, confirmed it was okay. The last woman I talked to had a distinctive voice and when I rang after receiving an overpayment letter said I thought I recodnised her voice.

 

Have to add I did believe them and spent the money and when received overpayment letter got very distressed.

 

She seemed anxious but still polite and I said I think it was you who told me to spend the money and enjoy and she said yes it was, I can see on file it was me. CHANCE OF THAT HEY? Any how she was lovely opened up and said there was some confusion but due to it being clearly not my fault I would not have to pay the overpayment back and I never heard of it again.

 

I did record the call of her telling me to spend the money and think that made the difference and offered to play it back, I was told it was not necessary.

 

Now if it wasnt just the lady who dealt with me it could have been a small period where the same error was told to others, as she wasnt the only rep I spoke to.

 

So I say when calling dwp record calls as they make mistakes too, but luckily were lovely and happy to admit it in my case.

 

 

Could you have had the same issue as me?

 

It related to a few months period I cant remember exactly when but it was the end of the year prior to when it officially was again stated the payment did not count as income, but this time officially.

 

I also incidently had over all this time not been paid my 10.00 then it changed to 20.00 a week that you were allowed to have not counted as income that entitled to. I kept getting letters saying soon you will get such and such extra but it never happened and this went on for some years as their dad has always paid csa and it went to dwp. But considering the overpayment was wiped I didnt take up the issue and didnt need the extra stress to be honest, was I now realise more concerned with not being as I panicked labelled a crim when I had done all I could xx Have to say I dont know wether it was written off due to them probably oweing me a similar amount or the original error but in any case it was.

 

Have to say since this happened have not had any csa or dwp problems. Just wondering wether they are chasing old overpayments and this issue has therefore just flagged up for you whereas I noticed something was what I thought wrong, not all would have I suppose xx

 

You need to record the call to them either by simply using mobile with record sound in entertainment bit as I used to and then moved on to a true call device that does it for me.

 

Would you have an old phone bill and could you trace the call that way as in get them to realise it is not your fault?

 

Thinking on it now wonder I recodnised her voice, I had recorded and relistened to it, hahahaha. Here was me thinking I had a better memory than I thought, schucks.xx

 

 

 

Best of luck xx

It sounds like you were very lucky to get good results...I have no recordings...so no such luck here! Thanks, Erica replied at the bottom on this thread. It was at an IUC that evidence was provided which included bank transfers between my ex account and mine ( LTAHAW)- Not the case but another story. It was mentioned to my solicitor that this £80 if child maintenance was not being taken into account Despite my notifying them. Just happy as it's just IS and not HB & CT benefit aswell.

They'll use the original version, i was overpaid £3 a week for a year, as they had £23 month not week on their computer system, even though I told them it was per week and then when in an interview told them of their error when she was checking my details with me so they sent me a letter then showing how I have to pay my overpayment back. I had a letter the DAY AFTER lol, changing their child maintenance rules. I thought, wow just my luck. What a kick in the teeth lol. For £3 a week, that I assumed was automatically being taken out of my IS.

But yeah, the version of when you claimed, is the legislation they use.

Sod's Law!!! If it's any consolation by the sounds of it im going to owe about 3k, despite my phonecalls Not good lol

Hope it turns out ok for you both. It's a right headache isn't it.

Bring on the universal credit I say, although it'll be too late for some of us (I have mid teens already) but at least it'll be easier for people claiming in the future. The errors are reaching epic levels, my local rag came through the door yesterday with an article saying our local council had 838k worth of over payments last year.

Well ironically they have 1200 quid of that back off me so far this year! Busy year ahead for them to get the rest ey..

Hi

Welcome to The Consumer Action Group.

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

It can be bit confusing at first.