DWP Direct Earnings Attachment

[jimbocw]

I have been informed by the DWP that they are thinking of a DEA for overpayment of Income support from 1992.

 

I had replied to this some time ago stating statute barred etc.

 

I know that the DWP cannot take me to court because of this and also that they can recover from future benefits.

 

My question is this, a DEA according to the Welfare Reform Act 2012 lists specific benefits to which it applies namely universal credit, jobseekers allowance, employment and support allowance, and except in prescribed circumstances, housing credit (within the meaning of the State Pension Credit A)

 

The recovery they seek is for Income support which is not listed, can they still apply the DEA as I believe they can't.

[dx100uk]

Have you sent them an sar free to get all the details?

 

Many of these old debts they have no actual data on and cannot backup their claim

 

Dwp debts as with all govt debts can never be sb'd

[jimbocw]

I have requested the details, i am looking to dispute the legality of the dea in that it does not include income support in the list of benefits in the welfare reform act 2012 that allows the dea.

[antone]

I suspect that recovery from IS is covered by previous legislation. By all means demand that they explain to you what legislation they are using to make these deductions, but I would be frankly astonished if deductions from IS are not permitted.

[jimbocw]

Antone, the dea applies to the welfare reform act 2012 in that it now allows the dwp to apply a dea without the need for a court order, previous legislation covering i.s. Would have required a court order for the arrestment of wages, this does not.

[lld01]

I have been informed by the DWP that they are thinking of a DEA for overpayment of Income support from 1992.

 

I had replied to this some time ago stating statute barred etc.

 

I know that the DWP cannot take me to court because of this and also that they can recover from future benefits.

 

My question is this, a DEA according to the Welfare Reform Act 2012 lists specific benefits to which it applies namely universal credit, jobseekers allowance, employment and support allowance, and except in prescribed circumstances, housing credit (within the meaning of the State Pension Credit A)

 

The recovery they seek is for Income support which is not listed, can they still apply the DEA as I believe they can't.

 

Yes they can, Section 106 of the new legislation amended S71 of the Social Security Administration Act 1992, which applies to Income Support (amongst other benefits)

[numbers666]

Jumping in... This act can be applied to alleged debts prior to enactment ? This sounds regressive and I hate to use it how does it comply with EU law, seeing the UK is fully adoptive to everything Brussels throws at us ?

[Bazooka Boo]

Get your local MP involved asap.

As well as sending off that SAR which is free, make the crooks work for their grubby money.

 

https://www.gov.uk/government/publications/dwp-request-for-personal-information

[antone]

Antone, the dea applies to the welfare reform act 2012 in that it now allows the dwp to apply a dea without the need for a court order, previous legislation covering i.s. Would have required a court order for the arrestment of wages, this does not.

 

Sorry, right, I misread your post. I think Lld01 might have provided you with the answer, but I would be quite surprised if IS were somehow excepted from these (draconian, IMO) provisions to recover overpayments.