Pension Credit Overpayment

[Seniorwoman]

Hello, can anyone tell me if there is a maximum amount the DWP can ask you repay per week if your only income is state pension and DLA?

[EDDIE51]

Depends on how much was overpaid and why it happened, there is a minimum amount per week that you need to live on.Deductions still have to leave you with that minimum. You need to get the CAB to investigate on your behalf, they will negociate a repayment plan. They may even get the repayment canceled or reduced.

[Islay]

I wonder how DWP can act in that manner but Tax Credits do not have a minimum amount that they need to leave the claimant.

It really depends on how the OP occurred, and whose error it is. Speak to DWP rather than go through a 3rd party, they will ask for your outgoings etc and come up with a figure that is acceptable for both.
Eddie out of interest why should an OP be wiped off?

[EDDIE51]

It depends on how the overpayment occurred, if it was the DWP's fault it can be written off under certain circumstances. If it was the claimants fault there are different rules for claims made by mistake and fraudulent ones

[Islay]

In my experience it would have to be an exceptional reason to write off an overpayment!!

[wolf63]

If the DWP were at fault they would have not have calculated it and treated as a recoverable debt. It would be an Official Error.

Seniorwoman - if you are worried that they will deduct too much your best bet is to phone them and talk about it.

[EDDIE51]

I was told that there is a time limit to them asking for the repayment if it was the DWP's mistake, after the limit they can't demand repayment. If it was a fraudulent claim there is no time limit.

[Islay]

Statute of limitations have been removed from government OP's Eddie, several years ago in fact!

[EDDIE51]

Advice from the CAB here
https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/benefit-overpayments/
The most important thing to remember is that the DWP MUST give you a detailed breakdown and figures of how/why the overpayment arose, and you can challenge their assessment of the repayment. The CAB have specialist claims advisers who can help in situations like this.

[Islay]

Seniorwoman, as someone who has extensive knowledge of overpayments contact DWP directly rather than go through CAB, you will have to wait for an appointment and overpayments have a time limit to dispute - its normally 30 days from when you first receive notification. You will automatically get a breakdown of why they think you are overpaid, if not ask for one. Remember you cannot appeal and overpayment but you can dispute it. Good luck

[wolf63]

The letter that is sent out advising that benefit has been overpaid will have contained some sort of schedule which will explain why the overpayment has occurred.

Seniorwoman does not seem to be querying that she has been overpaid only how much she will have to repay the amount at.

[Islay]

You are of course correct Wolf and there will be a minimum amount but I doubt if they will not advertise if because everyone will then use that amount.

[EDDIE51]

^ Yes Islay it can be 'disputed' but that can be very complicated for some people , the CAB will tell you if you have grounds for a dispute and handle it for you, all for nothing. Plus the CAB have special 'direct access ' phone numbers to the benefit departments that are NOT available to the general public . I know this for a fact from personal experience.

[Islay]

That direct 'special' number Eddie just gets you through to the contact centre.
I know that for a fact as I used to manage a contact centre!!

[Peter Pedant]

// Eddie out of interest why should an OP be wiped off?//

one of my neighbours got an OP wiped off
as he was able to show that he had filled out the form as instructed and that the fault was entirely the offices
( and also another overpaid benefit from the same form had been wiped off).I had taken the precaution of scanning the form before sending off

the documentation supplied is dire
and you should insist on a break down

another neighbour - I made a voluntary declaration of overpayment on his behalf (they were getting a benefit they shouldnt have had - and the date of cessation was quite clear after erm 9 months. that is no one noticed for nine months).
There was not a jot of movement - they suddenly started underpaying a pension for ten months and when I added it all up for them - it came to the overpayment - and the pension went back to normal

they kinda expected us/him to be telepathic about the deduction
but as you can see - we/I/he ddnt really have grounds to appeal.

[Peter Pedant]

I thought islay may have superior experience
in Manchester the offices just dont work like that

// The letter that is sent out advising that benefit has been overpaid will have contained some sort of schedule which will explain why the overpayment has occurred.//

often not received
I agree as a third party it might have been received and binned as a circular

I mean I was witness ( there is something wrong with this can you be there?) where the woman from the DWP refused to identify herself (!) on coming into the house
she kicked off with 'there has been a finding of overpayment and I am here to negotiate the rate of repayment'

and I said he has had no documents or been invited to comment on this finding

THEN she said - o yes the papers are here is here but you can't see it
me - "yes he can ! it is his data and he applies under the relevant legislation for a copy ....."

can you specify the sheets you are not allowing him to see so that he can apply for copies by name ? I continued

her: no

[we thought there had been an internal office cack up and they were trying to claw back money from sundry dossers and winos before there was an internal inquiry]

and Islay I would understand if you said simply that you didnt believe anything like that really happened

[Islay]

Well PP if I can make head or tail of your ramblings!
My superior knowledge of overpayments are in tax credits.
I would imagine that several attempts to get the OP paid would have occurred before she turned up at the door as the civil service do not have the money to turn up at peoples door on a whim!

[Peter Pedant]

ah well you see islay
there are these things called pensions that very old people get
and sometimes they get paid too much

and so someone wants to make them repay it
but they demand too much repayment

and it causes lots and lots of worry.....to the old person that is

now I dont want to get too complicated over this
so just lie down with a cold compress.....

[wolf63]

Prior to my early retirement on health grounds I spent my days calculating overpayments of benefit and attempting to recover these debts.

But that was 2003 which is a long time ago.

[THECORBYLOON]

There is a maximum rate of deduction from Income Support, Income-based JSA, Income-related ESA or Pension Credit. The most that can be recovered each week is £11.10 or £18.50 if the overpayment was a result of fraud or a civil penalty has been imposed. Other than Universal Credit where it depends on the claimant's circumstances, there is no maximum for other benefits.

It's not unknown for overpayment decisions to be wrong, there may well be one but the calculation may not be correct. You can ask for a mandatory reconsideration and even if the decision's not changed, you can then appeal against it. There's no harm in trying, eh?

[EDDIE51]

^ Exactly my point! If such a situation does arise (and they do!) the CAB advisers are far more knowledgeable and know the system far better than an ordinary claimant trying to do it all him/herself.
They will ensure you get the mandatory reconsideration and make the appeal for you if necessary.