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Re; supposed income support overpayment?


scamps78
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Hi all,

 

Mum recommended I asked your advice before continuing:)

 

I had my little girl in 2007 and was on income support (single parent) On the 10th jan 2008. I was contacted by the CSA to say the were processing forms etc for payments to be made by her father. I WAS told by the Csa that there was no need to do anything as the DWP would be notified once payments had begun (I have now been made aware that is not true)

 

I contacted the DWP on the 4th Feb 2008 to inform them that I would recieve my first CM payment into my account on the 12th feb 2008. However I continued to recieve Income support. When I called again I was told that the systems had not caught up with themselves.

 

Then on 30th march 2008 I was sent a letter claiming an overpayment of £650.65 for the period 08/01/2008 to 24/03/2008. I contacted them straight away and was told that I should appeal as they were notified on 04/02/2008 of the CM payments begining. I sent a letter stating this and asking for a reconsideration. A year later I recieved a letter informing me of the decision. This was on the 20/07/09. It was however sent to my previous address, and so I recieved it much later..

 

I again contacted them stating that I had been at a diff address since /may, and was told a new letter would be sent with details to pay etc, stupidly whilst on the call I agreed to a payment plan but so far have not paid anything. Since then I have made 4-5 calls and each time spoke to diff representatives who told me I owed anything from £650.65 to nothing I had paid off 383 of it and diff amounts in between that.

 

I finally got through to someone who sent me out my transactions info, which states that money paid was to the Social Fund I had borrowed and that had been fully paid back. No payments had been made to the overpayment and therefore my actual sum outstanding was for £236.00.

 

I am mid letter to Appeal against this decision for the period thay are stating as I was recieving no Child maintenance at all during that time.

 

My question is.... I am right in what I am saying? Although my CM case was taken on, on 10/01/2008 I didnt recieve payment until 12/02/2008.

 

Also, as the first decision was sent to wrong add? and subsequently I have been mis-informed of amounts and there has been a postal strike, am I still within my limits?

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First off, are you sure the overpayment was IS, or social fund/crisis loan? I'm not sure if I misread, but it sounded as if you may have confused the 2.

 

Also, when you sign the initial agreement for IS you agree that any overpayments can be recovered as long as they tell you beforehand so in theory they do have the right ot recover the money as long as they believe it was an overpayment.

 

Having said that, if you have bank statements or CSA documents to show you weren't receiving any CM during that period it may be that you can contact them and have them recalculate that period.

 

There wasn't anything else that changed that you didn't tell them about straight away or anything was there? Any part time work or anything like that, because a lot of that is taken into account when processing IS. Same with a change of address, if you don't let them know straight away, it causes all sorts of problems.

 

Hope some of that helped.

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Hi James

 

Thanks for reply.

 

I took out a social fund which was initially paid back through my IS then when that stopped I made regular payments until that had finished. have the transaction letter in front of me now. £600 fully paid pack.

 

DWP are asking for an IS overpayment. They are ( I am assuming) taking the date the CSA took on my case the 8th jan. Not the date that I actually recieved money to calculate this over payment. I didnt recieve any CM until 12th feb a month later which was for £226.10. Half of what was paid by the father.

 

No nothing changed during the time they are requesting that they were not told about. I have all documents to state.... I learned a good 2 years ago to keep everything!

 

Futhermore I have letters I have just found that state complete random figures that I had called and questioned which have been explained as ERROR IN LOADING!.

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  • 6 months later...

Hi just an update on this,

 

Basically I fought tooth and nail, through postal stikes and "lost letters" But in the end I had the debt re-assesed to £0.00 :)

 

I had learned long ago to hide any debt letters, and along with luckily and other impportant letters. So unpon careful sorting through of dates etc I was able to put togetehr a clear cut case that they were unable to argue with.

 

Learned Lesson : Keep everything !!!!!!!!!!!

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Scamps that is fantastic news. Well done you!

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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