dwp demand

[jaxkevla]

I have received a letter from dwp saying I owe them some money overpaid in 2008, can they claim it back after all this time.

[des8]

Re: dwp demand

Yes.
It is recoverable, but not enforceable.

From the National Debtline:
The Limitation Act says that the limitation period for benefit overpayments and social fund loans is six years.

The cause of action (when the limitation period starts running) for benefit overpayments, is when a final decision is made on the overpayment. This is most likely to be a final decision by a council, the Department for Work and Pensions (DWP) or a tribunal.



For social fund loans, the cause of action is when the loan becomes due for repayment.


If the council or DWP tries to issue a county court claim against you for an overpayment of benefit, and you think it is statute-barred, you can put in a defence.

However, if you are getting ongoing benefits, the DWP or council can take money directly from your benefit to repay overpayments. The rules can be complicated.

[jaxkevla]

Re: dwp demand

I do not receive any benefits and this came about when I started working again. They haven't sent anything in the intervening years until this to my house last week, I have only got the letter now as my niece rents the property from me. When I got it I rang them to query it as I haven't lived there for over 5 years and have got remarried and moved 3 times since this was my address.

[des8]

Re: dwp demand

Have they actually asked you to repay it?

You could send them a request asking them to prove the overpayment and at the same time send a subject access request, before telling them it's SB

[jaxkevla]

Re: dwp demand

When I rang them the man said it needed paying as it wouldn't go away but couldn't tell me exactly what it was and from when. Said I had to ring another number and they would take the money from my account there and then. As you've probably guessed I didn't ring the other number. This happened last Thursday and haven't received anything else, also when I was talking to him I said that I didn't live there any more and had remarried he said he was aware of that but to ring this other number to pay it.

[nemesis45]

Re: dwp demand

Hi simple answer is yes they can, there is no time limit whatsoever on DWP overpayments or debts.
The debt cannot be enforced in court after 6 years, but the DWP can deduct payments from any current
or Future DWP benefits up to and including state pension.

nem

[des8]

Re: dwp demand

Certainly don't agree or even contemplate repaying until they can prove the overpayment, and even if they do "prove" it, I consider it unfair for anyone to popup after 6 years and expect repayment. That's why there is a statute of limitations.

[nemesis45]

Re: dwp demand

The Statute of Limitations still applies to the debts, BUT the Welfare Reform Act 2012
changed the way in which the DWP recovers overpayments and loan debts.
It is almost impossible to avoid repayment as the DWP can deduct payments from
all benefits very few are exempted.
There are strict limits on how much can be deducted from any benefit current or future.
This act also allows for the use of Private Sector 3rd Party Partners to be used in collect ion
of such debts i.e. Debt Collection Agencies.

nem

Such decisions can be appealed and a Tribunal Judge can " enforce" the decision of the
DWP to continue the deductions,

[FlamingParrot]

Re: dwp demand

I would ask the DWP, IN WRITING (not over the phone), for a statement showing the overpayment. You could also consider sending them a SAR as suggested.

Overpayments may well be subject to limitation on paper, however, new legislation (The Social Security (Overpayments and Recovery) Regulations 2013) allows the DWP to recover overpayments not only from benefits but also via a Direct Earnings Attachment which works like an attachment of earnings for a CCJ, only in this case they don't need a court order. They can ask your employer to a certain percentage of your net pay. The deductions are set out here: http://www.legislation.gov.uk/uksi/2...chedule/2/made

This means that, even when in theory the overpayments are not recoverable through the courts after the 6 year limitation period, in practice there is no limitation because there is no need for a court order. If you are working they can deduct from your wages, if you are unemployed they can deduct from your benefits.

[nemesis45]

Re: dwp demand

Certainly don't agree or even contemplate repaying until they can prove the overpayment, and even if they do "prove" it, I consider it unfair for anyone to popup after 6 years and expect repayment. That's why there is a statute of limitations.

H Des,
The DWP Can & Will go for an AOE without further contact and an employer cannot refuse to comply other than on a very small number or reasons.

I've see debts 25 years old being subject to deductions from a persons state pension.

[FlamingParrot]

Re: dwp demand

Certainly don't agree or even contemplate repaying until they can prove the overpayment, and even if they do "prove" it, I consider it unfair for anyone to popup after 6 years and expect repayment. That's why there is a statute of limitations.

Obviously the government thinks it's OK for most debts to go SBd after 6 years EXCEPT when they are owed to themselves. Furthermore, everyone else has to go to court, put their case forward and obtain judgment, then go back to court to apply to enforce the judgment via an attachment of earnings. The government can skip all the steps and go straight for the attachment. :mad2: :mad2: :mad2:

[nemesis45]

Re: dwp demand

Obviously the government thinks it's OK for most debts to go SBd after 6 years EXCEPT when they are owed to themselves. Furthermore, everyone else has to go to court, put their case forward and obtain judgment, then go back to court to apply to enforce the judgment via an attachment of earnings. The government can skip all the steps and go straight for the attachment. :mad2: :mad2: :mad2:

The enormous amount of unpaid social fund loans and overpayments dating back many years was the reason the Welfare Reform Act was put in place, the government at the time charged the DWP with the task of recovering the monies owed.

This is Our money, tax payers money not credit debts and must be reclaimed.

I've represented others before Tribunal Judges on overpayment appeals in the past and the DWP has produced copious amounts of proof that the overpayment was made or a loan was not repaid.

In correspondence via my MP and Lord David Freud Minister for Welfare Reform, the minister confirmed how and in what circumstance the department was tackling the mountain of debt owed to it, including the use of 3rd, Party Partners ( Debt Collection Agencies) in the collection of debts that the normal DWP Debt Management process had failed to get results.

I know hoe the process works DCA's authorised to collect these debts are signatories to the Official Secrets Act as are the civil servants of the department, all correspondence is in a form approved by the DWP executive.

As to the collection of statute barred debt the act provides court action cannot be taken, but extended measures to allow collection of
debts, a reasonable action in my opinion as a taxpayer.

Everyone has the right and opportunity to challenge the actions of the DWP via a Tribunal, which will decide if an AOE, deductions should go ahead or not.

I'm afraid the comments in #post 11 show little knowledge of the underlying problems and the seriousness of the amount of taxpayers money that is owed.

nem

[FlamingParrot]

Re: dwp demand

I'm afraid the comments in #post 11 show little knowledge of the underlying problems and the seriousness of the amount of taxpayers money that is owed.

nem

I'm afraid your comments show little knowledge of the purpose of this forum, which is to help people deal with their individual issues, not a study on how taxpayers money is and or should be used or recovered. That is, indeed, a most interesting subject, but one that's possibly outside the scope of this site, certainly of this thread.

There may be a lot of taxpayers money owed for overpayments of benefits and tax credits, however, I suspect that amount pales into insignificance when seen against the vast amounts of the same taxpayers money that went towards bailing out the banks, not to mention MPs fiddling with expenses, companies not paying taxes and the generally wasteful manner in which the government uses our money. It is, indeed, a subject worthy of in-depth study and discussion, only not on this thread.

[Amethyst]

Re: dwp demand

I was just reading a post elsewhere on the forum which demonstrates just why there is so much money outstanding - the DWP are utter crap and don't know their arse from their elbow. Here's the other thread http://www.legalbeagles.info/forums/...908#post549908 - a Social fund loan - if anyone can help xxx

I know I have a social fund loan repayment from 2007 somewhere, I tried and tried to get information about repayment after my circ changed to no avail, so I guess I just look forward to when they decide to churn it up from the depths and be nasty to me and threaten court action and so on for no reason other than they couldn't be bothered earlier.

I would rather see them limited to 6 years - not so people can avoid repayment, but they should not be allowed to fanny about for 7/8 years and then make a big noise about things that could have been sorted years and years ago.

25 years is just bonkers.


Also, their method for reclaiming tax credit overpayments is also completely stupid, illogical and detrimental - I really have no idea where I am at with any previous over/under payments - and no idea on earth how my tax credits are worked out. Which means if something was wrong my working out that I could challenge it ( eg if they were taking double the amount etc) would be pretty impossible, and the last time I had an overpayment was in 2006 (well as far as I know)


( Sorry yes maybe for another thread as FP says)

[Kati]

Re: dwp demand

I was just reading a post elsewhere on the forum which demonstrates just why there is so much money outstanding - the DWP are utter crap and don't know their arse from their elbow.

:sad: but they also get away with it

I know I have a social fund loan repayment from 2007 somewhere, I tried and tried to get information about repayment after my circ changed to no avail, so I guess I just look forward to when they decide to churn it up from the depths and be nasty to me and threaten court action and so on for no reason other than they couldn't be bothered earlier.

I have one too ... they just don't want to know when you ask for info and offer repayments :tinysmile_hmm_t2:

I would rather see them limited to 6 years - not so people can avoid repayment, but they should not be allowed to fanny about for 7/8 years and then make a big noise about things that could have been sorted years and years ago.

25 years is just bonkers.

even 6/7 years is silly IMO ... if someone owes the money then they should be provided with proof when they stop claiming benefits and offered an affordable repayment plan straight away!! DWP have a habit of sending them to debt collectors (which adds money onto it straight away ) without ascertaining the debtor's circumstances beforehand. See this thread from today http://www.legalbeagles.info/forums/...908#post549908

They also have the option of staying any repayments until the debt can be repayed out of a pension ... I wonder how often that happens :tinysmile_hmm_t2: