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Incapacity Benefit & deductions


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Hi guys

 

I've been a member for a while and was helped out with some debt a while back - looking for a bit of advice again!

 

It isn't for me but a relative.

 

Basically he has been paying back £8.55 per week from Incapacity Benefit due to an overpayment which went to court who found in DWP favour.

 

He has had a letter saying his deductions are to increase to £36 p/week...can they do this?

 

Thanks in advance

M

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When deductions are made directly from benefit, the discretion lies with DWP as to how much they deduct, though there are statutory maximums in some circumtances; the court cannot intervene in deductions from benefits unless a law is being broken.

 

If this is going to cause him hardship, what he needs to do is write to (or phone) the department within DWP that he owes money to, and ask them to "reschedule" (lower or defer) the repayments. They will send him a form to complete about commitments he has, so that they can calculate whether or not they would be able to reduce the repayments in view of his other commitments. If he rings up, they may complete the form over the phone with him, but very few contact centres do this now. Alternatively he can write to them without completing the form, explaining how this is going to cause him hardship. If they need more information to come to a decision, they'll get in touch.

 

He'll need to attach his national insurance number to any correpondance to enable them to locate his case and save any delay in dealing with his request.

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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It depends what the overpayment is.

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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It depends what the overpayment is.

 

The overpayment is of Incapacity Benefit as his partner was working whilst on a partner on the benefit claim, it went to court and he was convicted of benefit fraud.

 

I just thought it was odd that the repayments could increase to £36 from £8.55 per week.

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For fraud there are specified rates where it is an income related benefit, but IB isn't an income related benefit and there aren't any legislative limits so the rate is decided by the SoS. The maximum deduction set for this is a third of his benefit. He can still ask for rescheduling.

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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Thanks Erika, that was a question that has been doing he rounds of my family for a year or so. A family member was convicted of benefit fraud in 1987 for £3500 (unemployment benefit). He went to prison for 6 months and has had to repay the money. Only in the past year or so they have caught up with him and are taking a third of his DLA &ESA(CB). We all thought he deserves what has happened but were surprised that they are collecting that much every week. Now we all know. Personally I'm not telling him the rest - that he can ask for the deductions to be reduced!!

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  • 2 months later...

Just an update on this. The family member contacted the Debt Recovery dept for the DWP and offered them £5 pw instead of the £60 they have been taking.

They have refused citing the fact that they are entitled to 1/3 of his current benefits. He argued hardship but they came back and said that what he is left with (approx £120) is more than what he would be getting on basic Income Support/ESA.

 

So it seems that they wont budge - and they went on to say that when he retires they will take another 1/3 of that!!

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There's a moral to that story...

 

...don't commit fraud (!) It has the side effect of coming back to bite, no matter how many years may have passed.

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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