Income Support Overpayment

[KKorky]

Hi, I've just received a letter from DWP saying that they have over paid me Income Support from 2008 to the present date, totalling £740.

 

They say the money has to be returned.

 

There reason ...."the overpayment occurred because on the 18/08/2011 your circumstances changed and the office that paid your benefit was not told at the correct time about changes to money being paid to you or a dependant"

 

Period of over payment; 14/08/2008--11/10/2011.

 

Surely this is there fault & not mine..?

 

If you google "The Child Poverty Action Group" you'll see that they have won a case in court concerning this DWP Over payments.

 

Has any members went through this before ?

 

The point I'm getting at after reading the links is, it's not my fault that the info wasn't passed on through there departments, & the bucks been passed onto me through there incompetence.

 

Any help appreciated,

 

Thanks,

 

K.

[honeybee13]

Hello and welcome to CAG.

 

I'll move your thread to the benefits forum here.

 

Are you saying that you notified them of a change of circumstances and they didn't action it please?

 

My best, HB

[id6052]

it might help if you explain which of your circumstances changed? ie what money changed?

[KKorky]

Hi, thanks for your replies.

 

Are you saying that you notified them of a change of circumstances and they didn't action it please?

 

No, this letter has landed out the blue, there reason on the letter;

 

because on the 18/08/2011 your circumstances changed and the office that paid your benefit was not told at the correct time about changes to money being paid to you or a dependant

 

So it looks like whatever changed has been back dated to 14/08/2008.

 

it might help if you explain which of your circumstances changed? ie what money changed?

 

TBH I haven't a clue, I'll have to phone first thing Monday Morning.

 

Did anyone google "The Child Poverty Action Group", & if so what's your opinion..?

 

Thanks,

 

K.

[id6052]

if you are referring to: -

 

http://www.cpag.org.uk/welfarerights/overpayment-recovery/

 

this related to a failed attempt by the dwp to recover non-recoverable overpayments in 2006/2007

 

this does not apply to your case where the decision is that the overpayment is recoverable rather than non-recoverable

[id6052]

i am however confused how a change in august 2011 would cause overpayment from august 2008, are those definitely the dates in your letter?

[KKorky]

i am however confused how a change in august 2011 would cause overpayment from august 2008, are those definitely the dates in your letter?

 

I'm the same, & won't find out till Monday Mornings phone call, & Yes those are the correct dates.

 

this does not apply to your case where the decision is that the overpayment is recoverable rather than non-recoverable

 

This is a quote from one of the pages I've been reading;

 

Judges in the Court of Appeal ruled the government had no power to recoup the overpayments unless they were the result of misrepresentation or fraud

 

I didn't make a fraudulent claim, gave them all the right info, the mistake is on there behalf, not mine.

 

Cheers,

 

K.

[id6052]

I think you need to obtain more information from DWP in relation to the overpayment in relation to how the overpayment has been caused.

 

It has always been the position that: -

a) Income Support overpayments are recoverable if they are caused by failure to declare, misrepresentation or fraud

b) Income Support overpayments are non-recoverable if they are not caused by failure to declare, misrepresentation or fraud

 

The case you are referring to relates to an attempt of DWP to recover type b) overpayments outside the Social Security regime.

 

From the limited information you have supplied, it appears that DWP have determined that you had a type a) overpayment, in which situation the case you are referring to does not apply.

[KKorky]

From the limited information you have supplied, it appears that DWP have determined that you had a type a) overpayment, in which situation the case you are referring to does not apply.

 

That's my point, I don't come under the Type A, if there is a mistake it is on there behalf, not mine. Some where along the line DWP have made an error.

 

I haven't failed to declare, given any misrepresentation, or tried any fraud.

 

So I'm thinking I come under Type A.

 

Sorry I cannot give any more info, all I've got is what's on the letter, the phone call Monday should enlighten me.

 

Thanks for your reply,

 

K.