JSA messed up again

[JrnyFan4Life]

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.

[ErikaPNP]

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

[JrnyFan4Life]

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.

[ErikaPNP]

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

 

Erika

[JrnyFan4Life]

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.

[JrnyFan4Life]

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.