DWP debt management

[Samara]

My son has had a letter from the DWP stating that he has to give his employer a Direct Earnings Attachment to pay a £270 debt that he has no idea how this debt came about,he only works so many hours because of a disability and he receives working tax credit with his monthly pay,do you know if this is legal please,Thank You,Samara I have just realised that this is not from a court it is just a letter demanding my son to give his employer the DEA enclosed,I also think the debt is an overpayment of working tax credit no fault on his part.finding he is in financial hardship so worried about his employer finding out and loosing his job,Thanks Samara

[Amethyst]

Re: DWP debt management

Morning, Has your son, do you know, received letters prior to receiving this DEA form ?

The DWP do have the power ( under the THE SOCIAL SECURITY (OVERPAYMENTS AND RECOVERY) REGULATIONS 2013 ) to obtain an attachment of earnings without going through court first but they should give you opportunity to sort out repayments first, but not normally for tax credit overpayments ( that would be HMRC anyway) - does he receive any disability benefit, universal credit ? Have his hours varied ?

First really it will be a case of calling the DWP and finding out exactly where this debt has come from, though it should say on the letter what it is for - it's not a huge amount so he should be able to sort out repaying direct at a sensible amount without going through his employer - but if he has ignored multiple letters/notices about an overpayment/debt he might be stuck.

[Samara]

Re: DWP debt management

My son has just realised it was from 12 years ago and he had a social fund payment made this was before working 16 hours and under,h e thought he had paid this back only one letter before this one stating he owed amount £276, shocking after 12 years thinking he was debt free.

[Amethyst]

Re: DWP debt management

Oh goodness, so unfair. I had social fund loans in 2008/2009 time and they were being paid back out of my benefit payments - but there were never any statements sent and I have no idea if they have been paid off or are sitting there waiting to pounce - that they can do that, and just come at you with a direct attachment of earnings after 12 years is exceedingly unfair. If they had to go through court you'd be able to fight back that they are statute barred.

Maybe DPA SAR request to the DWP would get the info to find out what happened.

Has he spoken to the DWP to try sort out an alternative way of paying this off rather than the attachment of earnings ?

[Kati]

Re: DWP debt management

Maybe DPA SAR request to the DWP would get the info to find out what happened.

don't forget that SAR requests to the DWP are free (they don't charge the £10 for it ) xx