DWP have taken money via my employer

[jane1703]

Hi,

 

Can anyone help me with a DWP query.

 

I had an email from payroll saying that they'd had a DEA from DWP and would be taking £114.02 out of my wages.

 

This is the first visibility I've had to this, I signed on briefly in 1999 and the DEA gave an address I've not lived at for 3 1/2 years.

 

I've sent an SAR, but can they do this?

 

After I get the SAR back, would anyone know how I go about getting my money back and should they be reported?

 

Many thanks in advance

 

Very angry!

[unclebulgaria67]

Hi,

 

Can anyone help me with a DWP query.

 

I had an email from payroll saying that they'd had a DEA from DWP and would be taking £114.02 out of my wages.

 

This is the first visibility I've had to this, I signed on briefly in 1999 and the DEA gave an address I've not lived at for 3 1/2 years.

 

I've sent an SAR, but can they do this?

 

After I get the SAR back, would anyone know how I go about getting my money back and should they be reported?

 

Many thanks in advance

 

Very angry!

 

I don't think this can relate to a brief signing on for unemployment in 1999. Surely when you registered for employment during the relevant financial year, your tax would have been adjusted in relation to earnings for the whole year including any benefit received.

 

I think this must be more recent and relate to an overpayment of something e.g tax credits, child benefit .

 

If it is correct you received an overpayment, then yes DWP can deduct from earnings, after writing to the address they have for you.

 

If DWP have been advised of your current address, not sure why they are writing to an old address.

[Bazooka Boo]

Wait for them to send you the SAR, then give them both barrels, be sure to let your local MP know.

Edited May 30, 2016 by honeybee13
Potentially libelous tern removed.

[antone]

I don't think this can relate to a brief signing on for unemployment in 1999. Surely when you registered for employment during the relevant financial year, your tax would have been adjusted in relation to earnings for the whole year including any benefit received.

 

 

Benefit overpayments can't be recovered via the tax system.

 

To the OP, the basic answer is that yes, they can do this. New legislation was introduced a couple of years ago to allow it. Note also that although debt to the DWP does become statute barred, this does not stop them from making a DEA or recovering the overpayment from future benefits, including the State Retirement Pension. It only prevents them recovering the money in court,

 

Sending a SAR is the correct response, but while waiting for that I would suggest calling the Debt Management department at the DWP and asking for an explanation as to how this overpayment has arisen. If you think they are wrong, you should make a request for Mandatory Reconsideration of the overpayment decision, with a view to appealing it to a Tribunal if necessary.

[jane1703]

Thanks for all the replies, I'll make a call on Tuesday and let my MP know whilst I'm waiting for the SAR.

 

UncleB - the only state benefit I've ever had was the stint in 1999, no tax credits or child benefits, so really at a loss what this could be for.

 

It's quite shocking that they just do this, looking around it seems they are doing quite a lot of this.

 

Thanks again

[Bazooka Boo]

It's quite shocking that they just do this, looking around it seems they are doing quite a lot of this.

 

These lot are a law unto themselves, there are no depths to which they won't lower themselves, including corporate manslaughter.

[AndyOrch]

Thread moved to the appropriate forum.

 

Regards

 

Andy

[jane1703]

Thanks Andy.

 

So, I've spoken to the DWP and they say it was for a budgeting taken out 24/05 2001, which was originally for £371.06 and there was £114.02 remaining. I have no recollection of this and not even sure I was signing on at that time, I'll wait for the SAR to come back and contact my MP shortly.

 

Thanks for the replies.

[Bazooka Boo]

Also have a hunt around for the 'rules' they claim to follow regarding 'overpayments' they 'claim' to have timescales in which to demand repayments, but as we all know, they will always ignore and negate their own rules, and the law of the land to suit their own needs.

[jane1703]

I can't find anything about timescales or rules which is probably to be expected but did find a business review which stated the gov should find an effective way to recover the 22 billion pounds in outstanding debt from SS, followed by legislation stating how it could be collected, including deduction from salary directly! So they can collect willy and indeed nilly without checking the facts and put the onus on the employer to get the money to them. Not surprised at all about the actions of this gov to claw back any penny they can for their over paid expenses but really this has serious repercussions for financial hardship and not to mention even more jobs worth civil servants.

 

Let's pray they don't extend the same jurisdiction to the DCA's!

 

 

http://www.parliament.uk/business/committees/committees-a-z/commons-select/public-accounts-committee/news/debt-owed-government-substantive/

 

http://www.legislation.gov.uk/uksi/2013/384/pdfs/uksi_20130384_en.pdf

[Bazooka Boo]

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/405550/hbopg-part-4-recovery-of-overpayments.pdf

 

https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Page-04.aspx#

 

http://www.cpag.org.uk/content/overpayments-and-recovery-secretary-state-waiver

[jane1703]

Hi,

 

I've had a response to my SAR which is them asking me for more information to help them find my records! I'm going to upload them but any advice on completing them would be greatly appreciated - I don't want to mess up.

 

Thanks in advance.

[jane1703]

Edited June 27, 2016 by jane1703
Uploaded photos twice

[Bazooka Boo]

Only you know the answers to those questions, just fill it in as best you can and send it back.

 

I don't think you can mess it up, you'll be fine.

[jane1703]

Only you know the answers to those questions, just fill it in as best you can and send it back.

 

I don't think you can mess it up, you'll be fine.

 

Thanks BB - shouldn't they just give me the info I've asked for, they managed to track me since 2002 and taken money without any of the info they're now asking for! Unbelievable!

[Bazooka Boo]

Did you send the SAR off their website?