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Income support overpayment


ferretkeeper
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On 19th August 2005 my wife who suffered from multiple sclerosis was taken to hospital after losing conciousness and died on the 23 of the month.at the time she was on Disability Living Allowance and I received Carers Allowance and Income Support. After her death I sent off the form I was given to notify the various benefit departments. I got a letter to repay some of her DLA which I did.

I think it was in February 2006 I was told that a deduction was being made on my benefit at the time, I think it might have been Jobseekers. I assumed it had something to do with that but I was told it was IS overpayment and a letter had been sent the previos November. I asked for a copy of this but they didn't have one so sent a screen shot from their computer. I noticed that the IS was reduced from 19th when my wife entered hospital not 23rd when she died. I spent 4 years trying to sort this out until late last year when I gave up. It was only about £20. I never received notification of the results of the review and appeal and in fact the main communication was just warnings to pay. Towards the end I was told that when IS is reclaimed it is done from the beginning of the benefit week (19th August in this case) and not the date the entitlement changes. Does anyone know if this is right?

If it isn't I will try complaining again just out of principle.

Many thanks.

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Hi ferret keeper,

sorry to hear about your loss

when your wife died you should have got an eight week run on of benefit, that should have consisted of eight weeks of carers allowance and eight weeks of income support.

This should have begun the monday after your wife had died.

then your benefit entitlement would have changed to JSA for yourself.

 

In regards to the question about receiving less benefit for the complete week begining 19th August then this is correct.

 

Your wife would have been taken off your claim on the 19th not because she went into hospital its because she died on the 23rd and the change to entitlement would come into force from the 19th the first day of your benefit week as they dont pay part weeks in a circumstance like this. Bit mean but unfortunately a benefit rule.

 

Sorry but if you were paid the full week then it would be an overpayment.

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Thanks for the help and sorry for the delay in replying. The amount of money isn't a problem but I will certainly be complaining that they failed to mention this for 4 years even though I specifically asked more than once if my view that the dates were wrong was in fact correct. In fact it was only one of the girls on the phone who thought this might be the case based on a similar situation with her father.

Actually their customer service team was supposed to contact me but when they phoned my mobile it was always when I was at work or driving and they only let it ring twice. I did phone them on that number but just got some guy who said he was just answering the phone as they were not there. I can take calls at work but not everyone can and they only work normal hours.

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im sorry to hear about your wife,my hubby suffers with ms too we are still both young myself 24 and hubby 22,i would love to know more about the ms(sorry this was not what you was asking but ive never really spoken to someone who has lost someone to ms)

was your wife young when she became ill?

james has secondry progressive ms already after 2 nd half years od rr/he seems to be going down hill most of the time/i dont wana loose him this young hope your wife was of good age and had many painless years

take care

 

sorry again

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