No benefits but pay us back £7388

[bob23]

Hello all,
If anyone has any advice or knows someone in the same position, I would be extremely grateful for some advice.

I have been unable to work since 2008 - severe disk degeneration.
I applied for Incapacity allowance (Not means tested) soon after, filled in all forms etc. Including details that I was living with partner.
Was told I had not paid enough type 1 National ins credits - (2 years before was self employed and only earned enough to pay type 2 NI payments)
Was informed that I could claim income support, and started recieving the benefit.

At this point I had not filled in any further forms.

In August we moved and when I informed DWP of the new address they asked if I was living with anyone. I told them I was, this was information which I was sure was on the 2008 incapacity benefit application form.
They said that I don't qualify for income support as I'm living with someone.
Irecieved today (23rd December) a DWP letter saying they want me to pay them £7388.63!!
My partner is now a carer as well as holding down her job.
The strain of the last 2 years has completely destroyed our personal relationship together but we remain in the same house because she can care for me.

I am totally mystified how I am supposed to pay back £7388.63 when I am in reciept of NOTHING.
I dont feel that anybody else should pay for me.
My partner and my family have been keeping my financial head just above the water up till now, but that can't go on much longer.
I have been trying to get the original forms that I sent back from the DWP but I'm still trying after 4 months.
Any help or advice soooooo appreciated
Bob

[pompeyfaith]

Re: No benefits but pay us back £7388

Bob greetings if this was paid through there error then a court judge has ruled that it does not have to be paid back as it was there mistake that lead to those payments this was ruled recently ill find the judgement in the morning for you

Now i would get an FOI letter off to the dwp requesting all info they hold on you as this is a freedom of information act request they have to comply
------------------------------- merged -------------------------------
basicly what you have to do is prove it was there mistake and not a result of you giving the wrong info

[Amethyst]

Re: No benefits but pay us back £7388

Happy christmas from the DWP then !.

On the letter they have sent you have they indicated how to make payments? I had an overpayment letter for income support and they accepted £2 a month repayment so after Christmas give them a call.

BUT thats not really the point, the incapacity forms don't ask for details of anyone you are living with other than asking your marital status, or details of someone you want to claim for, so how they can decide you are eligible for income support - a means tested benefit - off the back of a non means tested benefit application is beyond me.

There should be details on the letter you received about appealing the decision ?

When you say you have tried to get the forms from the DWP - how have you tried ? Have you sent a formal Subject Access Request under the data protection act ? If not you should, this will cost you £10 though.

[bob23]

Re: No benefits but pay us back £7388

After we have got the ball rolling, ie sent the appeals for stopping benefits and the repayment, I've been wondering. If I am at fault, which I really hope i'm not, how do you think they will try to claim back any money if I am in recipt of NO BENEFITS apart from the classic imaginary NI pension credits. Can they take it out of this?
Also - Miraculously the DWP contacted me the day after this all kicked off to say I should have all my paperwork records with me next week.

[Caspar]

Re: No benefits but pay us back £7388

Hi Bob,

I have just won an eight year long battle with the DWP on behalf of my wife. There are a few things they seem very poor at which I won't post here incase anyone who shouldn't reads it.

I hope you were very detailed about what you required when you sent off the SAR. When you get it back, pm me and I'll ask you a few questions about it and events surrounding this issue.

Out of interest please could you post up the SAR you sent removing all personal details first.

Nothing seems to happen quickly with the DWP unless they have a firework up their nether regions. I have some fireworks, just need a chance to place them in the suitable orifice to get them moving!

[The Debt Star]

Re: No benefits but pay us back £7388

Looks like the DWP and HMRC have both been sending out jolly Christmas messages like these. I got a demand for £6500 in overpaid working tax credits. Followed on from a year of unemployment when I eventually procured a reasonable income in a temping role, but which has dropped back to a much lower income again. No savings, zilch. Got caught in a temporary 9 month spell of reasonable work last year. We have absolutely no way of paying that sum back by way of a lump payment or indeed over 12 months. Trashed our Christmas really, despite trying to not let it do so. So you're not the only one. I bet there are many more out there with these horrendous demands.

[Caspar]

Re: No benefits but pay us back £7388

Indeed DS - one of our friends has received a demand for approx £3000 and has no way of repaying it. I was lucky this year, HMRC sent me a refund. Only thing is I'm terrified to spend it as I keep expecting a letter saying it was a mistake!

[The Debt Star]

Re: No benefits but pay us back £7388

Indeed DS - one of our friends has received a demand for approx £3000 and has no way of repaying it. I was lucky this year, HMRC sent me a refund. Only thing is I'm terrified to spend it as I keep expecting a letter saying it was a mistake!

stick it in premium bonds for 1 year THEN spend it

[bob23]

Re: No benefits but pay us back £7388

Hi Bob,

I have just won an eight year long battle with the DWP on behalf of my wife. There are a few things they seem very poor at which I won't post here incase anyone who shouldn't reads it.

I hope you were very detailed about what you required when you sent off the SAR. When you get it back, pm me and I'll ask you a few questions about it and events surrounding this issue.

Out of interest please could you post up the SAR you sent removing all personal details first.

Nothing seems to happen quickly with the DWP unless they have a firework up their nether regions. I have some fireworks, just need a chance to place them in the suitable orifice to get them moving!

Thanks - I'm hopeless with official beurocracy and paperwork (Music, clay and ceramics I understand). Is the SAR the apeal form?
If so I have sent two off - one for the repayment and one late one for the stoppage of benefits. Basically saying I only wanted a little help with the fact I am physically unable to work, I'm not trying to bleed anyone dry.
This has ruined Xmas, new year and possibly my personal life (whats left of it.)
Thanks everybody for the help so far.
(Showing my age) What's a PM (not related to afternoon i guess)

[bob23]

Re: No benefits but pay us back £7388

Been looking on the .GOV website again.
Almost choked on my coffe when I saw this, surely they cannot be serious or does it mean you have to be all three points to qualify?

"If you haven't paid enough National Insurance contributions


You may be able to claim Incapacity Benefit even if you haven't paid enough National Insurance contributions if the following apply:

• you're aged under 20 (or 25 if you were in education or training at least three months immediately before turning 20)
• you've been sick for 28 weeks
• you're present and resident in Great Britain for 26 weeks in the year before you claim

If you're in the Armed Forces or you live and work within the European Economic Area (EEA), you may still be treated as being resident in the UK."

WTF!!!!!!!!! ARRRRRRRGHHHHHHH

I'm 39
Been physically knackered for 2 years now
Lived here all my life.
Always worked when I can.
Should I emmigrate and then re enter as an illegal alien for preferrential treatment.

Bob

Apologies for ranting!

[Caspar]

Re: No benefits but pay us back £7388

Hi Bob!

If it wrecked your Christmas, try and enjoy yourself tonight and have a Happy New Year! Hopefully we can get you part way there by sorting out the DWP to some extent.

A pm is a Private Message - if for example you click on my user name "Caspar" you'll get the option to send me a private message (pm) which can be done anytime, am or pm! The message then comes purely to me and isn't shown to everyone on the forums.

An SAR is a Subject Access Request. As it is the DWP there is no need to enclose the normal £10 payment for it. They have 40 days from the day they receive it to respond to you (40 calendar days, not 40 working days). If gives you access to everything they hold about you.

Here is the one I sent to them, obviously it was slightly adapted to suit our circumstances, but I'm sure you're more than capable of doing that. If you need any help, just ask!

Dear Sir/Madam,

Data Protection Act 1998 Subject Access Request

Please kindly provide full and complete copies of any and all data you hold which relates to me and my entire history with the DWP. I have not enclosed the statutory maximum of £10.00 as I was advised by Louise in your Nuneaton Call Centre Extension 5127 at 2.25pm today that I did not need to do this, and it would not delay my SAR being processed.

For your convenience I have detailed below a list of what I require, although this is not an exhaustive list by any means and is just an example of some of the information I require with regard to any information that may be held about me by yourselves.

1. Computer screen notes relating to the alleged overpayment
2. Computer screen notes relating to transactions that have gone through my account
3. Internal messages or notes relating to myself
4. Internal messages or notes relating to transactions that have gone through my account
5. Recordings of any telephone conversations, whether internal or external, relating to my account (including the two from today with Louise in your Nuneaton Contact Centre on Extension 5127 and the two from October 22nd where I spoke to Rebecca, and then Graham on Extension 5234).
6. Copies of any e-mail's, or other electronic communications, whether internal or external, relating to myself.
7. Copies of all letters relating to myself
8. All information relating to litigation that has taken place about myself
9. A detailed statement of account showing a breakdown of all costs charged, showing in each case the reason for the cost and the actual cost against that item
10. Copies of all interviews conducted relating to myself.
12. Copies of all relevant paperwork created as a result of any and all visits ever made to me along with details of the results of each visit and dates thereof, including the name of the person who visited and any subsequent paperwork or notes in written or electronic form arising from these visits.
13. Copies of any and all documentation issued to me regarding the above.
14. Any other proof on which you are relying to enforce the alleged overpayment of Income Support to myself between 29 May 2002 and 7 November 2002.

I trust that the above is clear and should you be in any doubt as to your obligations as a Data Controller, then I would advise that you consult your corporate counsel.

As detailed above, I have been advised by Louise not to enclose the statutory maximum fee of £10. You have 40 calendar days in which to comply.

For the avoidance of doubt here are my details:
Name
Address

NI Number: xxxxxxxxxxxxx

and an annotated copy of the letter received from yourselves which you allege should have been dated November 10th 2010, but is dated September 22nd 2010
Yours faithfully


Mrs M Mouse



Finally have a read of this re Incapcity Benefit - it will hopefully clear things up a bit for you:

Incapacity Benefit | Health | Patient UK

[bob23]

Re: No benefits but pay us back £7388

Thanks everybody for helping!

Have now got print out from DWP of the input screen, (the electronic form the operator fills in when you call them).

It has a DWP stamp on it from 2008 so I guess it has been officially approved as being ok to pay benefits.

All of the relevent boxes have been filled in . . . . . .

EXCEPT ONE!!!!!!!

Can anybody guess which one?
.
.
.
.
. -Marital/Civil Partner Status . . . . . . BLANK

It hasn't been filled in with anything!

If I had lied about my status it would have somthing in it but it's blank.

I even filled in an extra questions form, where none of the questions were .

-Marital/Civil Partner Status

Now the argument will be that I should have known there was a question that I hadn't been asked.

So it's off to the tribunal.

Will keep ya posted.