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Overpayment

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I have just received a notice from the DWP saying that they have overpaid my incapacity benefit by £5200 from 2005 to April 2008! To say I am speechless is an understatement. I cannot believe this as I have always filled in their forms correctly and honestly so what the Hell can I do? Any help would be much appreciated. PS I am on disability benefit and still in receipt of incapacity benefit too.

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I have just received a notice from the DWP saying that they have overpaid my incapacity benefit by £5200 from 2005 to April 2008!

 

Jesus! That is a major oversight!!!

 

What evidence have you got, letters correspondence, benefit decision notices??

 

This will probably take a good 6 months to sort out. They should have sent you a letter stating the overpayment, with dates and the amount, and then stapled to the back of the letter should be a separate sheet headed Question you might have about our decision.

 

You MUST contact them within ONE MONTH of the date of the Notice of Overpayment, and ask them to look at the decision again.

 

Whilst they are doing this, that is a good time to get all your paperwork together, and find out what you are missing.

 

It is usually a mix up between the Job Centre Plus and the DWP, left hand not knowing what the right one is doing.

 

I'll post a few links for you to look at, and bookmark the Debt Management Customer Charter, cos you'll need to refer them to that, more than once.

 

Our Customer Charter - DWP

 

Contact us - DWP

 

The Appeal Court ruled on the 14th October 2009 that the Secretary of State for Work and Pensions cannot recover overpayments of social security benefits through the courts where the claimant is not at fault.

 

So if they threaten you that they can recover overpayments when it is found that they are at fault, they can't.

 

Thousands of benefits claimants will not have to give back £1bn in overpayments, judges rule | Mail Online

 

But lets not get too far ahead just yet. First tell them that you are not happy with their initial decision and you want it looked at again, then see what they come back with and we'll go from there.

 

Boo;)


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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The first thing you need to do is establish how the overpayment came about. As Bazookaboo correctly states, an overpayment as a result of departmental error cannot be recovered, but if the error is due to the error of the claimant, it can be recovered.

 

Send off a letter requesting a Statement of reasons they must provide a written statement of reasons within 14 days - this also grants a further extention of 14 days to the time in which you have to request a reconsideration. The Statement of Reasons should include how they came to their conclusion in regard to the overpayment, and if they stipulate in the Statement of Reasons that it was the result of administrtive error, they cannot claim it back, as per the Social Security Administration Act *relevant area of legislation here: Social Security Administration Act 1992 (c. 5)

 

Once they respond, post up what they say and we'll advise you what to do next.

 

Info on the test case by the organisation that brought it is here: CPAG: Overpayment recovery test case: summary and guidance for advisers


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Thanks both. I have drafted and sent a letter stating that I refute their findings as i have always been 100% honest and upfront with them. I have letters sent to them querying their awards because of previous admin c*ckups, with the latest one being the end of last year. I have also asked them for written evidence of their decision and the reasoning behind it together with a request to review it again.

 

The funny (not) thing is their decision dates back to the very start of when I began my claim and its taken them over 4years to tell me that there may be a problem. :evil: Here is the reason they state which coincides with the start date of my claim.

the overpayment occurred because on 01/07/2005 your circumstances changed and the office that paid your benefit was not told at the correct time about a change to the level of earnings in your household’

 

I will update you as it progresses but I am not giving up without a fight.

Edited by bobdauilda

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I agree that it is quite possibly a mistake on their part and you won't be expected to pay this back. It will be very interesting to see what they come back with, and it will feel like your banging your head against a brick wall sometimes, but you just need to bear with it.

They escalated their actions all the way to reducing my weekly entitlement, before my complaint was seen by the right person, with the relevant training, and only then was it deemed a 'clerical error' in my favour.

 

Irritating, frustrating, and unfit for purpose is how I find the DWP.

 

Heres hoping things might have changed for you.;)


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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the overpayment occurred because on 01/07/2005 your circumstances changed and the office that paid your benefit was not told at the correct time about a change to the level of earnings in your household’

 

But that indicates that it has taken them four and a half years to find the mistake??

So when did the level of earnings change and when where they informed??


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Precisely! Basically the date they are stating is the very date on which I first submitted my claim so it makes no sense at all! The figures they had at the time were correct and the figures they've had subsequently have also been correct. So I have no idea what they are talking about.:|

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Well I am sure it will all come out in the wash, from what your saying then it does appear to be an error on their part, unrecoverable, but lets just see..;)


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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