Life just collapsed - please help

[Kati]

Re: Life just collapsed - please help

CAB said there was no case. Benefit was only paid on a current claim form and it doesn't matter who did what. They gave me income and expenditure forms to do so I could make a weekly offer of payment against the 10k overpayment.

Are they right does anyone know - is it not always worth trying?

the CAB would say that ... they don't always have a benefits expert in a particular office

IMO a man recon is always worth it (even if it fails you can say you tried) ... and sometimes it helps to involve your local MP too

[des8]

Re: Life just collapsed - please help

IMO you should certainly put in for a mandatory reconsideration, or a revision.

From your earlier posts it seems that DWP were aware he was working, as they had been informed.
If they continued paying that would look like an official error, not a case of fraud.
He did not contribute to the error and due to the circumstances he could not reasonably expect to know of the overpayment.
Under those circumstances recovery should be waived.

If you agree that it might be an official error, include it as first item in your letter,

Even if recovery goes ahead there is a maximum which can be recovered (have to look up what it is)

[Wylderose]

Re: Life just collapsed - please help

If your husband has been paid continuously from prior to starting work up until the DWP decided there had been an overpayment and they were aware that he was working then you are entitled to, at the very least an explanation of how and why they think you owe the money. They also need to explain why, if they considered your husband to have a break in claim, that they then went on to send him for a further medical and continue to pay his claim.

If your husband's claim should not have been paid without a rapid reclaim, then the DWP continuing to do so would be official error and in all likelihood non-recoverable,. By requesting a MR your husband's claim has to be looked at by a team leader, in depth, and a full explanation given, including the regulations used as a basis for their decision. If they still decide that the overpayment is recoverable from you, they then and only then will give you Appeal Rights

I am away for a few days, but I will try to see if I can find some First Tier and Upper Tribunal caselaw that would help

[warwick65]

Re: Life just collapsed - please help

Just a thought, it might be worth writing to your MP

4 years ago the DWP overpaid me ESA even though I had informed them I was a student (my DLA stopped during this time) . I was receiving the money over the summer and it wasn't until I wrote with my new student finance that they decided I owed them £1000 . My MP got involved and they wrote it off because it was not my fault- I had kept them fully informed

[Wylderose]

Re: Life just collapsed - please help

Just a couple of thoughts

This booklet although it dates back to 2013 is more than likely still relevant

What happens if you are overpaid UC, JSA or ESA

Page 7 may be significant in your case, especially given your health and your husband's health.

I am not sure if this still applies or if the government amended the regulations to prevent appeals for official error recovery - Recovery of overpayments due to official error

but this is the Supreme court ruling - http://www.bailii.org/uk/cases/UKSC/2010/54.html

It might also be worth while asking the DWP in writing, if they intend to recover the alleged overpayment in accordance with Section 71 or 74 of the Social Security Administration Act 1992.

[Wylderose]

Re: Life just collapsed - please help

Dear Sirs,

Request for a Mandatory Reconsideration: [National Insurance Number and name]

Thank you for your letter of X date.

I wish to apply for [a Mandatory Reconsideration of] the decision [made by the Department for Works and Pensions that I had been overpaid benefits in the sum of £10000.89 between _________ and _________ in light of] the following :

a) You were aware that I was starting work.
· [In xxxxx 2015] I called to tell you I was starting work. I had long conversation with [your representative] about how I was [felt] about [returning to work,] my GP’s reluctance [to agree to sign me fit for work] given my mental health and PTSD and [also] what the implications would be for my benefits. I wanted to try [because I] previously had a good career. I was informed of the 12 week linking rule and support that could be offered to me given my mental health. I would not have known about this had that phone call not have been made.
· You did not stop my claim for this period – no one has explained why.
· I [started work on] 27^th April 2015.
· On May 5th 2015 [my wife had a serious car crash]. [She suffered] head and facial injuries, brain damage, a broken back and ribs. Our lives were plunged into turmoil as we have no family support and she was unable to look after [herself or] our children. [I therefore found myself having the responsibility of looking after my sick wife, my young children, maintaining the household and trying to function in a new position at work] [The situation had an adverse effect on my mental health and PTSD problems and I ended up feeling as though] my brain was scrambled. I was barely able to function.
· By July 2015 the situation at work became untenable and I tried to leave but they [DWP or the company??] offered me more “support” which was not forthcoming.
· In August 2015 [because of my behaviour, attitude and aggression - directly related to the PTSD and the increased stress of my partner being injured] I had to take to take two weeks off to try to get myself under control [was this paid or unpaid??] [On my return] I was asked to resign [because what I was going through] was too much and I was becoming aggressive trying to meet everyone’s demands.
· [My last day at work was xxxxx 2015.] [I received] 1 month pay in lieu of notice [followed by] a small amount in October [as my pay slip had been underpaid]. - [See attached P45]

b) I don’t understand how I have 2 years worth of overpayments. [You did not end] my claim. [You did not write to me to inform me that my claim had ended.] [If you] had you stopped my claim I would have had to have reclaim when I stopped working for [Company in xxxxxx 2015].

c) I have been sick for the period of my overpayment, my GP and psychiatrist will support this. - [See attached letters]

d) You were aware [that I was claiming ESA and that I was too unwell to work,] during the period of the overpayment as you sent me for an [ESA medical examination,] in April 2016, [following which I was declared to be ill "indefinitely" - placed into the Support Group?? - and a recommendation that I claim PIP was made by the examining doctor]

e) I had a complete breakdown in the September 2015 and narrowly avoided being sectioned. This was a culmination of ill health and the stress caused by my partners accident.

f) I was awarded PIP [I assume care component - Enhanced or Standard] for my mental health and PTSD.

g) [Due to my wife's medical health following her accident and on the advise of a Tax Credits advisor,] we submitted a change of circumstances form in April 2017 for ESA to put my partner onto my ESA claim. Tax Credits [advised me to request backdating to February 2017]. [This is something that you agreed to do, thereby proving yet again that you were aware that I was sick, even at this point in time].

Please look again at the decision you made on XXXXX as I kept you informed of all my changes to circumstances. You are also aware that I am unfit for work as per the outcome of an ESA medical undertaken in April 2016 by agents employed on behalf of the Department for Work and Pensions. My tax records at the Department for Inland Revenue (to which I believe you also have access) will also confirm that no earned income has been paid to me since xxxxxx 2015.

Yours sincerely

**************

I have altered this slightly to include some of the context from your previous posts. Dates are really relevant as will be the supporting info.
Your letter and supporting info need to be received by DWP (signed for post) by no later than the day before the "one month from the day that the letter advising of the overpayment was written) - outside of that one month and you lose your Reconsideration rights

Include with your letter:

1. Copy of P45 - shows definitive end date of employment
2. Letter from GP regarding accident and resulting impact on mental health of Mr Panic plus also stating that Mr Panic had a breakdown in September 2015
3. Supporting letter from Psychiatric team regarding impact on mental health of Mr Panic of accident and also how receiving this overpayment has affected him
4. Authority to disclose to Mrs Panic as if Mr Panic is unwell, she will need to deal with this.

You mentioned that the Crisis team took your husband in. If your husband is hospitalised at the moment, it might be worth submitting the letter in your name with the Authority to disclose and administer as he would not necessarily be up to doing this right now

I hope this helps and good luck