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overpayment and benifits


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Hi All,

 

Looking for advice from any of you legal eagles out there or anyone with a knowledge of pay and benifits. will try and keep it short.

 

I was injured in work last year and am still off. My employer has a six month full pay six month half pay scheme. Once you reach the half pay stage the rest of your pay is made up with temporary injury allowance.

 

Once you reach the full year stage they no longer pay your wage as such but make up the shortfall with an increase in tia which comes to just under what you would earn as full wage (less around two to three hundred £'s). This is the stage that I am now.

 

Last month recieved a letter from our payroll dept outlining the fact that I would no longer be paid. When I spoke to them on the phone they outlined the fact that tia would be increased. I informed them that I recieved a letter from jobcentre plus two days before informing me that my claim for industrial injuries disablement benifit had been successfull and that I was assessed as 22% disabled and that I would recieve a pension payment from them. They aslo stated that this payment would be backdated to the begining of March this year. My personnel dept then informed me that they would be looking into this payment and I may have to repay to my employer monies I had recieved under tia as an overpayment with this benifit.

 

Now the crux. I did not know that I was going to recieve any benifit until last month let alone any back payments to March could I argue under Kenilworth Benson judgement as the back payment recieved has already been spent on bringing my bills and living expenses up to date (even thought I have been on half pay for the past six months with a make up of tia there has still been a short fall of £300 per month so this back money came in handy). In the past my employers have had a habit of any overpayments they have deducted the full ammount without consulting you.

 

This time I spoke to personnel dept today and refused permission for them to make deductions from my wages until they tell me what if any is owed I have a feeling that they may ignore me as this month they have only paid me a quarter of my wage as it is ( I was nearly £900 short and their excuse was that they need to recalculate my tia to take into account my benefit payments).

 

Question.. Can they ignore me and take full deduction from my wage ?. Would I have an argument with kenilworth?. Could I offer them the minimum repayment of £5 per month if there is any overpayment and would they be legally obliged to look at this?.

 

Sorry about the rant just trying to find out where I stand.

 

thanks in advance M:

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  • 2 weeks later...

No. Your employer cannot deduct monies from your account without your permission as this is classified as Illegal Deductions. Deductions cannot be made without your permission. In my experience any accident at work awards full pay from your employer until your date of return. Please check your contract of employment and the company policies with regards to absence and health and safety.

 

Let me know how you get on.

 

Regards

 

Scott

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Does your contract have a clause stating that if you can get government benefits then you need to repay the company? If no clause, they (in my opinion) they cannot do what they propose, and it would be an unlawful deduction from wages.

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