DWP sent overpayment letter to me for husband's money- Appeal?

[barberrosa55]

My husband and I separated 6 years ago due to his drinking. He stopped drinking then and is still dry now. When he left the family home he rented a property and as he he was receiving Incapacity Benefit he was encouraged to claim for Housing Benefit and Council Tax Benefit.

 

However he did not tell them he was getting a work pension ( having been medically retired due to depression and 2 suicide attempts) and his pension was paid into my account and I paid his rent.

 

 

6 months ago the council wrote to say they had received information about the pension and needed details. He contacted his pension provider and sent them the details for the last 6 years. He was then interviewed under caution with a solicitor and told them he had given me his pension due to my being in financial difficulties but did not tell them I paid his rent.

Before this interview they had recalculated his claim and he owes £30000 which he is repaying monthly.

 

 

However when he told them I had been receiving the money they told me they would be looking into my Income Support and CVouncil Tax Benefit claims as I was claiming as I was a carer for my parents.

 

 

They called me for interview in January and my solicitor told me to give a no comment interview as he thinks what they were trying to do was get me to admit I helped my husband with his claim forms so they could prosecute me for fraud. I did help him with the forms because he was detoxing the first 4 weeks from the alcohol and was in no fit state to do it himself and indeed has no recollection of that time. he has sent a doctors letter confirming that to the local council.

In Feb and March I was called to 2 more interviews but on solicitors advice I chose not to attend. He said that if they needed to find out information they could do it but I was not to provide any

 

Fast forward to last week when I received a letter from DWP saying I owe £12000 because I was receiving extra income i.e. my husbands pension so was not entitled to Income Support.

 

 

I phoned my solicitor with a view to asking for a Mandatory Reconsideration on the grounds i was actually paying his rent from that money. My solicitor said I should get a letter from my husband to say I was paying the rent and provide them with banks statement from my account to prove it and they may look at it that I was actually paying him maintenance by paying the rent. He also advised seeing the CAB.

 

This I have done today and she says I need to go back to the solicitor to ask whether my giving them bank statements showing the rent payment is going against the no comment interview or is that and the reconsideration 2 separate issues.

 

As it stands husband says he will only write a letter if Dwp or local council ask him too.

 

So my question really is can 2 people be overpaid benefits for the same money i.e. the pension ??

[id6052]

quick answer = YES

 

longer answer would involve suggesting you try to get a different solicitor who understands social security

 

on the limited information you have supplied, it appears you may have beenable to avoid this situation by attending interviews and explaining situation

[mikeymack2002]

You may want to consider asking your former partner to open a bank account in their name only and have the funds paid directly to that and not your account.

 

 

I see nothing wrong showing your statements to the DWP providing it shows that all of the money that was credited to your account was solely for the use of your former partner.

 

 

In nearly all DWP forms there is a part that asks if someone else filled in the forms on behalf of the claimant, did you complete this yourself or forget to read that part or fill it out?

 

 

Many claimants can and do have money paid into third party accounts for a variety of reasons if you can clear that up and provide the proof then you should do so.

 

 

Is there any other mail or debts or other connections that you both still share? Can your former partner or you provide any information that there is no other financial connection to you or your former partner at your own home address?