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hi i am recieving jsa and money is being taken for loans which are 17 years old,can this be done they have never written to me about this anything i can do?
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Re: social fund
Sadly, benefit overpayments and loans don't go statute barred as such, they could lay dormant for years but if you ever go back to claiming benefits, those can be deducted from your benefits. After 6 years they would be SBd in terms of not being able to recover them through the courts but they can still recover them from future benefit claims.
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Re: social fund
If the amount being deducted is too high and you find yourself without enough money to live on, you could try to get the amount reduced. If they don't agree, you can submit a statement of affairs (SOA) to back up your request.Comment
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Re: social fund
Hi from one Welshboy to another!
I assume you know you had these loans. Are you sure they were not repaid in full? Are you sure the balance they are claiming you owe is accurate?
I would be very tempted to ask for proof of the loan and of the balance outstanding on it. If they cannot prove the loan existed, it is a little immoral to try to collect it surely?Comment
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Re: social fund
I know the DWP and benefits places are digging up all 'old' debts and outstanding balances going back some 30 years. I got a letter about WTC from 2005 saying I owed them +£2k,,which was amazing cos I've never claimed WTC and by 2005 I was disabled
So ,they are making mistakes,,get it checked.
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Re: social fund
hi im waiting for all the info off social funds ,if i owe the loans fair enough but couldnt they have written to me in the 17 years from which they were owed ,i would have been in a better postion financally to repay them,i become a pensioner shortly,but have worked full time and part time claimed tax credits as well ,so all they had to do was tap my insurance number into the computer to know exactly where i was working and what i was claiming,quite annoyedComment
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Re: social fund
The loans would have been statute barred after 6 years so not recoverable through the courts, they can only recover them from benefits claimed. Do you remember getting them? Or not at all? Because its possible they have got their records mixed up. You would think they could just do as you describe, however, they don't seem able to do much. When I claimed in 2009 they asked me to claim both CB and IB just in case. I said: "can you not check whether I qualify for CB because I think I do". Apparently they couldn't check, they were also asking if I had lived in the UK more than two years, I asked them whether they couldn't see that my NIN was issued 25 years ago!Comment
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Re: social fund
I would definitely be asking for proof of these. I have trouble telling you what I was doing 17 minutes ago, let alone 17 years! The exact balances outstanding, if any, held in your head for that length of time? No way. So they need to prove it. Ask them to just that.
Another clever DWP trick is that they can and do act as both judge and jury about you. You may need to really pin them down here. In my case, which I fought on behalf of my wife, I sent a SAR, and they delayed and delayed beyond the 40 days they have in which to respond saying they were finding the relevant bits of paper. They never did - why? Because they never existed in the first place.
You do need to fight them. Proof is key here.Comment
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Re: social fund
can they take this from my basic state pension,i will also recieve pension credit which is a benefit, pension is classed as an allowance,thanks for replies so farComment
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