Administrative penalty notice- how do they expect us to pay?

[Shoelover]

I don't understand still. So we won't have all of the money taken off us?

 

Please can someone clear it up?

 

The overpayment is recovered in full, by weekly deduction. Once that has been recovered the deductions will continue until the ad pen amount has been recovered.

 

Any prescribed benefits end for 4 weeks in addition.

[kayleigh89]

so she won't be sanctioned until everything been recovered including ad pen? so could take over a year before she gets sanctioned which gives her time to put money aside before she loses benefits for 4 weeks?

[dragon29]

No I think they mean 4 weeks immediately

 

So just so I've got this straight

 

During the 4 weeks that they will sanction us - the £44 a month would be paid automatically as part of the sanction?

 

There would be nothing in my bank account to pay it otherwise.

[Shoelover]

No. It just means the recovery won't happen for those 4 weeks as you don't have any benefits.

 

You don't have to accept the ad pen. You could decline and see if they do prosecute but if you do that, take legal advice first: only a legal adviser with the full facts can fully advise you what is in your best interests.

 

Yes, the 4 weeks are immediate

[unclebulgaria67]

Not having read all of the information for this case, it is difficult to comment.

 

But i would make this observation.

 

If they would struggle to live with just the deduction to benefits to pay back the excess benefits received, applying this administrative penalty and sanction of 4 weeks without benefits, is only ever going to make the situation worse.

 

This is very poorly worked out by DWP and cannot have been a commonsense decision. I find the lack of an appeals process for the administrative penalty as a disturbing aspect, particularly if those concerned have suffered from mental health.

 

Personally, if it were me, if the overpayment of benefits was not an attempt to defaud DWP and was simply due to circumstances that can be explained, i would reject the administrative penalty by writing to DWP. I would send a copy to my local MP, with a covering note that i would like the MP to intervene on my behalf, as DWP do not offer an appeals process. Obviously wait until the new MP is decided on Thursday.

[Shoelover]

I don't disagree.

 

The reason there is no right of appeal is because you can simply decline the ad pen. Then they will need to make a decision regarding prosecution or not.

 

If convicted the loss of benefit is longer and they sting you for court costs.

 

 

So that's the risk, which is why advice should be sought from someone that has all the facts before you make a decision.

 

 

They may well decide that it's not in the public interest to prosecute

- the file may make it all the way to the CPS and then they decide that.

[dragon29]

I don't disagree.

 

The reason there is no right of appeal is because you can simply decline the ad pen. Then they will need to make a decision regarding prosecution or not.

 

If convicted the loss of benefit is longer and they sting you for court costs.

 

 

So that's the risk, which is why advice should be sought from someone that has all the facts before you make a decision.

 

 

They may well decide that it's not in the public interest to prosecute

- the file may make it all the way to the CPS and then they decide that.

 

So it's a bit of a lottery really as to whether if I decline it they'll take me to court and it'll be a lot worse or I just accept it and lose 4 weeks benefit

 

I seriously don't know what to do.

[dragon29]

Not having read all of the information for this case, it is difficult to comment.

 

But i would make this observation.

 

If they would struggle to live with just the deduction to benefits to pay back the excess benefits received, applying this administrative penalty and sanction of 4 weeks without benefits, is only ever going to make the situation worse.

 

This is very poorly worked out by DWP and cannot have been a commonsense decision. I find the lack of an appeals process for the administrative penalty as a disturbing aspect, particularly if those concerned have suffered from mental health.

 

Personally, if it were me, if the overpayment of benefits was not an attempt to defaud DWP and was simply due to circumstances that can be explained, i would reject the administrative penalty by writing to DWP. I would send a copy to my local MP, with a covering note that i would like the MP to intervene on my behalf, as DWP do not offer an appeals process. Obviously wait until the new MP is decided on Thursday.

 

Well it will be £44 a month off our benefits starting on the 16th of this month. We struggle to live now but we get by somehow.

 

If I decline the adpen then it gets taken to court and I'm prosecuted I could go to prison. I just couldn't risk that. I really don't know what to do.

 

I have an interview on the 14th where they are going to explain the situation to me.

 

I was going to send them a letter stating that they really haven't looked at my case and my mitigating circumstances before making a decision and that I don't think in the eyes of the law that is fair. I think it's heartless because I have mental health problems. Why should I become a statistic just to make their quota when I had no intentions of defrauding the DWP and that it was simply due to my mitigating circumstances which are on tape. I don't think there's much point sending that letter now after everything everyone has said.

 

I always want to follow the law and if accepting this adpen means not going to jail I'll do it.

 

This is seriously affecting my mental health. I've hardly been able to sleep since receiving this. My depression and anxiety have both gone sky high. My partner who is also mentally unwell has been affected too.

[kayleigh89]

If you decline and get prosecuted you won't go to jail. They most likely sentence is either a fine,curfew if you're unable to do unpaid work or simply give you a conditional discharge and only pay court costs. The overpayment is low and there was no intent and you are of good character a prison sentence won't even cross their minds. If you decline and get prosecuted, i would be more concerned with my name in the paper and people judging me. Accept it and apply for hardship.

[dragon29]

If you decline and get prosecuted you won't go to jail. They most likely sentence is either a fine,curfew if you're unable to do unpaid work or simply give you a conditional discharge and only pay court costs. The overpayment is low and there was no intent and you are of good character a prison sentence won't even cross their minds. If you decline and get prosecuted, i would be more concerned with my name in the paper and people judging me. Accept it and apply for hardship.

 

Yes that's a massive worry too! I think I'll accept it and apply for hardship. They can only say no.

 

Thanks a lot for all your help. Sorry for being mean to you a couple of days ago. My anxiety was massively high having just received the letter. I really appreciate all of your help.

[kayleigh89]

You're welcome. Don't worry about it, let us know how the interview goes

[Shoelover]

So it's a bit of a lottery really as to whether if I decline it they'll take me to court and it'll be a lot worse or I just accept it and lose 4 weeks benefit

 

I seriously don't know what to do.

 

It's very likely prosecution will be recommended by the team leader. However the CPS might well reject the case.

 

I think you need to take advice before you make a decision.

[dragon29]

I have a few more questions if I may

 

1) The repayments were meant to start with our benefit which was paid today. They deducted £2.20 from our benefits today.

The weird thing is we got a letter first of all saying they were going to take £1.10 per week. This is in line with what we have been reduced by.

We also got another letter the following day saying they were going to take £11.20 per week.

 

I'm just a bit confused as to which one is right and wanted to get your opinions before I chased it up.

 

2) The 4 weeks we aren't going to get benefit (we've decided to accept the adpen after much consideration) we've sorted out how we are going to get by.

 

I'm also a bit confused by the wording of this too (I get confused a lot)

 

What is the definition of 4 weeks in this sense?

 

Is it two payments as we get paid fortnightly or 4 payments?

 

Interview is on Thursday so I could ask then but I wanted to get the opinion of you all.

 

Thank you very much for all your help!

[pottyprincess]

In your post dated 5th June, you said that your interview is on the 14th, then in your post today, you have said the interview is on Thursday, which is the 15th.

 

 

I just wanted to point that out to you as if you have got your dates/days mixed up you could well turn up on the wrong day, and that wouldn't be very good.

 

 

Sorry I cannot offer any advice on the rest of your questions.

 

 

I hope all goes well for you.