Job center asking for money back

[Digital_2012]

Hi guys

 

Need some help my partner is on esa wrag and i start getting training as barber (non paid) in shop in November 2014 which i told benefit people and they asked written letter which i sent them.

 

After few months job centre people sent letter saying that they over paid to my partner due i was working, i sent the letter through cab and told them that i was getting training and it was not paid.

 

I even rang them but they still insist the employer should have paid for the training, the shop owner does not need any more worker but he was kind to me giving equipment and chair for learning, it was me who requested that i want to learn here and shop keeper gave me a favour giving free training.

 

From April 2015 i start working there as self employed in the same shop and working 15 hours a week and earning about £50+ a week.

 

Since i told job centre i am working 15 hours they stopped my partner's esa money and we are waiting for their decision, now we received another letter again and they asking us to pay back £1500 the period when i was getting training.

 

I made cab appointment but its in next month and benefit people want to take the money out end of this month. Benefit people want the money back which i never received as learner and they keep saying that you should ask your employer he should have paid you

[estellyn]

As long as you informed the DWP of all relevant changes in circumstances, then it is not a recoverable overpayment and you should request a mandatory reconsideration of the overpayment in writing saying that you told them your change of circumstance, therefore the overpayment is official error and not recoverable.

 

Regarding stopping the benefit, they are probably trying to take into account minimum wage to the hours that you work. Is there a reason that your self employed earnings are below minimum wage rate, or why you are self employed working in a shop?

[Digital_2012]

Hi and thanks for the reply,

 

I sent letter thorough cab the same thing you mentioned and told them in the letter that i have informed them when i was getting training also i was in touch over the phone as well.

 

Their argument is that the shop owner should have paid for the training and i should ask the shop owner. The question about self employed in the shop, i need flexible hours due to look after my partner and i have daughter.

 

i can work only few hours. Its very hard for me to get same kind of job to any other place, the shop owner very kind to me as he is my friend now, although i pay him chair rent for a week but its not that much

[Mr.P]

Their argument is that the shop owner should have paid for the training and i should ask the shop owner.

 

On the assumption that this training was not an approved scheme arranged via a local college or through a DWP sanctioned provider, then it would be reasonable for the DWP to expect a minimum wage being paid. If this was an ad hoc arrangement, I fear you are going to struggle to convince the DWP that it was training and not employment.

 

Regardless of the above paragraph, keep stressing the point that it was unpaid voluntary training and the DWP may eventually back down.

 

Question: Had you informed the DWP of the training before starting back in November ?

[Digital_2012]

Exactly i told the DWP that i am starting voluntary training and after that i will start as self employed.. All they asked me how many hours i told them flexible 15 hours a week.

 

They said then it would not effect my partner's ESA as its only 15 hours a week and advised me that send written signed letter when you start training and include shop address employer's and contact number which i did. After that i did not receive any reply from them, the problem start when i told them i am self employed now from april 2015.

 

After the sending letter that they overpaid me from November 2014 to April 2015 as i was working which i was not.

 

I argued with them many times that it was unpaid voluntary training all they say your shop owner should have paid you and keep advising me that i should ask my employer to pay for training which of course he is not going to pay as it was me who requested voluntary training.

 

Now they want money before 31st Aug i wanted to challenge this decision and made appointment with cab but they are so busy and gave appoint next month 12th sept.