Jobcentre plus makes a mistake - what do I do? **Success**

[zuzanka23]

Hi everyone, I was wondering if you could help me.

My sister is a single mother to a child who is 1,5 years old.

She started claiming Income Support while working 10 hours a week.

She increased her hours and has been working for 15 hours a week since September 2013. She went to JCP in September for an appointment and informed the adviser that she was now working 15 hours a week. Her Income Support stayed the same I think.

Now she had another appointment in January 2014. I went with her. She spoke to the advisor and said she is working 15 hours a week. The adviser said she is still entitled to Income support and even did a calculator to show her how much she would be better off if she was working 16 hours a week - increased her working hours by 1 hour. The adviser was aware of how many hours she is working. We talked about this at least for 30 minutes there.

Then she was asked by JCP to post her wage slips. This was February I think.

She posted her wage slips.

Then few days ago (April 2014) she received a letter saying they over payed her since January 2014 and she has to pay Income support back.

She is a single mother with a baby and can't afford to pay this back.

My question is, whose fault is this, she reported how many hours she works and enquired if she is entitled to Income support, she was told for quite a long time that she is entitled. Now they want it back. She can't afford to pay £1000 or more back now when she's lost income support as well.

I always thought if it's JCP mistake then she shouldn't have to pay it back. She never withhold any information so how come they didn't calculate it months ago, instead of waiting for months and now wanting all the money back?

can someone please help me and advice me on what to do?

I am quite upset as JCP just make mistakes so much and people who end up with no money have to pay them back when they are supposed to help people in difficult situations, instead they make their situation worse.

 

thank you

[Bazooka Boo]

First things first she needs to fill out a GL24 form to dispute this decision, it is common practice for JCP/DWP et al to make admin errors,

and although they changed the rules so that any admin errors on their part were still recoverable, I have successfully argued this point

on more than one occasion and they have absorbed their ''admin error''.

 

Keep everything in writing, keep a diary of events, you must get a paper trail of evidence, if you send them anything, even if you use their own letters, again you must get ''proof of posting'' which is free from the PO counter, or they'll deny receiving it.

[zuzanka23]

Hi, thank you for your reply.

I am going to help her do that, we will dispute their decision and we will appeal as I do not agree with the fact that they only just decided she is not entitled to it. We have got the paperwork the adviser gave her in January so we can dispute it, because the adviser knew she was working 15 hours a week.

Unfortunately everything was done at interviews so it might be word against a word but we will still try and appeal.

Thank you

If there is anything else I need to know, please let me know.

thank you

[Bazooka Boo]

Heres the form... https://www.gov.uk/government/publications/gl24-if-you-think-our-decision-is-wrong

 

Don't worry so much about the he said she said, argument, especially if it was done in the JC.

 

Right now maintain written evidence and proof of posting.

[zuzanka23]

Ok thank you, I will do.

I will let you know what their reply is, as I might need more help

thanks

[Bazooka Boo]

No worries, plenty of help on here.

[maddiemay]

My son had been receiving the over 25 rate of JSA, although he's only 18, he told them numourous times he didn't think it was correct, eventually after 2 months, they realised their mistake and said exactly that, it was our error, so he doesn't need to pay it back.

 

Is it possible that the JC advisor meant for your sister to make a claim for working tax credits and come off Income support, seems likely given the fact she mentioned increasing the hours by one up to 16 which is the requirement to claim WTC I believe.

[antone]

First things first she needs to fill out a GL24 form to dispute this decision, it is common practice for JCP/DWP et al to make admin errors,

and although they changed the rules so that any admin errors on their part were still recoverable, I have successfully argued this point

on more than one occasion and they have absorbed their ''admin error''.

 

Keep everything in writing, keep a diary of events, you must get a paper trail of evidence, if you send them anything, even if you use their own letters, again you must get ''proof of posting'' which is free from the PO counter, or they'll deny receiving it.

 

Only one minor correction here - form GL24 is no longer used. In order to challenge a decision (including an overpayment decision) you must first ask for a reconsideration and wait until that is complete before it's possible to appeal to a Tribunal. There isn't a form for this - easiest way is to write a letter stating that it is a reconsideration request and explaining which decision you are challenging and why you think it is wrong.

 

It does sound like there's at least a possible case for official error here.

[**Margaret**]

:zuzanka23:

 

Claimants have to ask Jobcentreplus for 'the decision to be looked at again' before it can be appealed to the Tribunals Service. The process is known as mandatory reconsideration, and a written request via recorded delivery is best cos Jobcentreplus often 'lose' phone calls.

 

https://www.gov.uk/appeal-benefit/decisions-made-on-after-28-october-2013

 

Some info about recovery of overpayments;

 

http://www.turn2us.org.uk/default.aspx?page=21248

 

Best wishes, Margaret.

 

 

 

[Mr.P]

I will let you know what their reply is, as I might need more help

 

It would also be interesting to see what they have on record about the declared hours of work and pay - Send the DWP a Subject Access Request asking for all computer and paper records held by all offices going back the last three years. This could take up to 40 days to get the file(s) back and should provide you and your sister with the evidence needed to fight the overpayment decision.

[Bazooka Boo]

I never knew that about the GL24 form??

 

They are still sending them out, only last week I received one?

 

Not another tactic to frustrate the process surely to god!

[zuzanka23]

Hi I thought I would all let you know we won. They admitted it was their mistake and she didnt have to pay it back. So she kept over £1700 because they made a mistake woo hoo thanks everyone for help

[antone]

Excellent news! I'll update your thread title.

[Bazooka Boo]

Very well done, as deliberately frustrating as this department is, the truth will always out.

[caro]

Just read your thread. It took them long enough but congratulations on your success.

[Mr.P]

They admitted it was their mistake and she didnt have to pay it back.

 

Make several copies of this letter and file them away in different safe places. If you or your sister have a fireproof safe, store the original in there. There is a remote possibility that somewhere in the future, the DWP will attempt to reclaim this overpayment after having conveniently "lost" any record of this decision. Should this happen, you will have proof of "official error" and can tell them where to go (providing directions if required).

[caro]

Scan it and email it to yourself and your sister too.

[zuzanka23]

Ok I will do. And it didnt take them so long I just forgot to post it on here. It was fairly easy to win because they posted a copy of a letter my sister wrote to them in July 2012 telling them her working hours increased to 15 a week from 10. They just didnt act on it. They couldnt argue with us because they send us the copy of the letter so they basically screwed it themselves as they did admit they had a proof from us just didnt act on it. I doubt they will ever try to claim the money back.

[essexmat]

Well done - always nice to see a positive outcome. As others have said, keep everything safe and keep multiple copies.

[zuzanka23]

Well done - always nice to see a positive outcome. As others have said, keep everything safe and keep multiple copies.

 

I will do thanks. Also wanted to thank whoever suggested asking for SAR. That wad the biggest help because when I asked them for everything they had on their system or file, they sent us the copy of the letter my sister wrote to them telling them about the change of working hours. They didnt have any copies of the telephone calls so I would just like to tell everyone, always do everything in writing with DWP thanks guys. I also made them pay back for the postage of all the letters we had to send them to fight them and they paid my sister back for the postage. I know it was only £14 but still why should we pay the postage if they made a mistake haha. Easy win this time

[Bazooka Boo]

Excellent advice, and well done on getting them to refund the postage too!

[jasta11]

I will do thanks. Also wanted to thank whoever suggested asking for SAR. That wad the biggest help because when I asked them for everything they had on their system or file, they sent us the copy of the letter my sister wrote to them telling them about the change of working hours. They didnt have any copies of the telephone calls so I would just like to tell everyone, always do everything in writing with DWP thanks guys. I also made them pay back for the postage of all the letters we had to send them to fight them and they paid my sister back for the postage. I know it was only £14 but still why should we pay the postage if they made a mistake haha. Easy win this time

 

You're on a roll! Could go for the hat-trick and claim for paper and envelopes used too - plus the 'anguish and worry' aspect too (which DWP can in fact make payments for if it can be proven). Then again..best not push it. As the song goes 'Two out of Three Ain't Bad'