Tribunal - Appeal UC Overpayment

james19o6

Hi everyone, 

I have appeal tribunal on the 19th October for my overpayment. May I kindly ask you if you all have any advice for me as its my first time? 
Please note that on the letter DWP has accepted that it is their error but they still have to collect the overpayment. Also, do you reckon I can ask for call recordings from DWP as the case manager mislead me on the phone and I assume it is recording, is there any possibility I can request it from DWP or how I can proceed? Any advices would be appreciated.

Thank you all in advance. 

James

poppy123456

All overpayments for UC are recoverable even if it’s an official error on their part. This is written into the UC regulations 2013. See link https://www.gov.uk/government/publications/benefit-overpayment-recovery-staff-guide/benefit-overpayment-recovery-guide

Unfortunately not all calls are recorded. If a call is recorded then it will be for training purposes only. 

james19o6

Hi Poppy many thanks for your response. If they deciee to take the debt from my earnings DEA notice. Will they consider my my income after or before tax according to the table at the link you have sent me?

poppy123456

No problem. Are you still claiming UC? If so then the overpayment should be recovered from this. Did you get some expert advice before proceeding with the Tribunal?

james19o6

I didnt get expert advice no. Its my first time this happend. I currently started to work and ear 1800 net so I qualify only for 80 pounds of benefit but they deduct that for the overpayment and I have been on nil award for the past 6 months. What and where can I seek expert advice?

poppy123456

Start here https://advicelocal.uk/welfare-benefits my concern is that you've taken it to Tribunal because of an official error but DWP can't do anything about that because it's in the regulations that all overpayments are recoverable. It's the law. This applies to UC and New style ESA. It doesn't apply to legacy benefits.

james19o6

I understans but I suffer from hardship already in debt plus I care for my disabled mother and the overpaymemt is 16k. The case manager told me that I qualify for 1 bedroom and has sent me payments even manually by bacs and 4 years later they told me that I only qualify for a shared accom. Whereas I reported it 2 times to my case manager that I have been overpaid and he said no. So I didnt have a choice. Also for the calculations they came up with 3 different overpayment amounts. It has even affected my mental health

Hannah_Alumni

I'm sorry you are having to deal with that @james19o6 I echo what Poppy has said about reaching out to https://advicelocal.uk/welfare-benefits for additional support. Please keep us updated!

james19o6

Thank you for all the infor it was very useful. May I kindl ask you all what does non dependant mean on UC claim?

The overpayment was because I entered the incorrect detail 4 years ago. My mum was claiming UC and I claimed after her but she was living with me and joint tenant so I assumed when they asked me who lives with you I put my mum name and apperanty this mean non dependant.

poppy123456

For UC purposes a non dependant is someone who is 21 and over. For housing element there's no non dependant deductions if either yourself or your mother were claiming either daily living PIP or Mid/high rate care DLA at that time. DetaILs here. https://www.entitledto.co.uk/help/non-dependants

However, if you were joint tenants then i would have expected you both to liable for 50% of the rent each. This would mean that you would only be entitled to 50% of the rent for housing element.

james19o6

Yes that correct 50/50% but did I do it wrong I am so confused. UC told me that his is wrong and thats why i have bee overpaid 15k. Whereas when they asked who lives with me its my mum as she is a joint tenant. But they said that I shouldnt put my mum on the claim in the first place for that reason she has marked as non dependant on my claim?

james19o6

She also is disabled and get full PIP

poppy123456

If your mum is named on the tenancy agreement then you will each be liable for 50% of the rent. Even if your mum was down as a non dependant there would be no deductions because she was claiming daily living PIP.

I don't know all the details of your case so it's extremely difficult to give advice. I'd advise you to get some expert advice if you can from an agency near you.

james19o6

Hi Poppy many thanks for everything. I have spoken with the cotizen benefit adviser and he was very helpful. He said that this overpayment can be written off due to my circumstances and DWP has accepted their mistake. Thanks again for everything 

james19o6

Morning everyone,

Just to check. I have a overpayment appeal tribunal on Thursday. Will a DWP representative attend the hearing? Do they usyally attend?

poppy123456

No, a DWP rep do not always attend. Good luck and please do come back and let us know the outcome.

james19o6

Thank you Poppy. Of course I will get update you guys. My anxiety level atm is so high hopefully it shall all go wellpoppy123456 said:

No, a DWP rep do not always attend. Good luck and please do come back and let us know the outcome.

poppy123456

Good luck for tomorrow!

james19o6

Sorry Poppy 
Just to check, I had a read at the link you attached. Do you know anything about this?

Thanks

poppy123456

Part of what you posted above applies to legacy benefits and not to UC. 

The part that applies to UC is the very last paragraph.

Official Error

1.21. For Universal Credit, and New Style JSA and ESA, any payments made in excess of entitlement is treated as recoverable overpayments – see Para 1.39. This includes those arising from official error. For other benefits see Para 1.24 for details.

https://www.gov.uk/government/publications/benefit-overpayment-recovery-staff-guide/benefit-overpayment-recovery-guide#chapter-8