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JSA messed up again


JrnyFan4Life
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Hi all,

 

Some of you may remember I posted last year about my claim for JSA whilst my partner was a student, well I'm back again because they've made a complete balls up yet again. Back in June I started a 13 week course as part of my New Deal agreement, and at that time I was receiving the full training allowance + the extra £15 a week they throw on top ( This was with the Jobcentre's full knowledge of my partner's student status) I finished the course on 24th Septemeber, and subsequently made a rapid reclaim. All was well and I had no reason to believe anything was wrong.

 

I stopped claiming on December 6th due to me starting temporary work over the Christmas period, and now having made another rapid reclaim due to that work ending, I now find myself being chased to the tune of £1976 in overpayments dating from September. What I can't understand is that I gave them everything they wanted with regards to my partner's student income, and it's taken them 3 months to tell me I wasn't entitled, even though I've had a decision overturned before due them not correctly calculating my partner's student income. For the record she is a disabled student and is in receipt of a Special Support Grant and Maintenance Loan, the total of which comes to £6037 for the year. Any advice would be greatly appreciated.

Be good to yourself, when nobody else will

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If they have overlooked the facts and this has resulted in an overpayment, it only has to be re-paid if you volunteer it. An overpayment cannot be recovered where there was no misrepresentation or failure to disclose a material fact on the claimant's part.

 

The Supreme court have upheld this in The Child Poverty Action Group (Respondent) v Secretary of State for Work and Pensions (Appellant) [2010] UKSC 54

 

This jugdment should be the basis for your argument. I would suggest writing to them, quoting the judgment (just the bit in italics above will do) and stating that as there was no failure to declare a material fact or misprepresentation on your part, you do not agree that the overpayment is recoverable.

 

I've made a post about it here which goes into more detail about it.To read the judgment click here

 

And for further information from CPAG, click here

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 for the reply Erika, I will use the judgement in my letter to the Jobcentre. Do you know how they actually work out entitlement with regards to having a partner as a student? I've never had it properly explained to me as I keep getting conflicting information.

Be good to yourself, when nobody else will

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Hello again. It's covered in this thread, hope that helps.

 

Erika

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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  • 4 weeks later...

Still haven't received word from the Jobcentre about any decision on my claim or the overpayment. How long do DM's usually take? I would phone but I have yet to have a landline installed, and as I don't have any money I can't go to my local Jobcentre to find out.

Be good to yourself, when nobody else will

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Rang up the Jobcentre this morning, apparently my claim can't progress until they've received my partner's student loan information, yet I submitted that information at the beginning of January. I'm so annoyed, they do this every time, I send them information, and get proof it was received, yet they still say they never got it. Think a formal complaint is in order.

Be good to yourself, when nobody else will

[sIGPIC][/sIGPIC]

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