UNIVERSAL CREDIT OVERPAYMENT
Hi, I am an appointee for my adult child who has learning difficulties/autism. He received DLA then this changed to PIP. We started claiming UC which then changed to the LCWRA element. We received a review request and whilst providing the required documents, I was researching what else we may encounter with this and came across the ruling about savings. I had no idea there was a savings threshold for UC and feel awful that I’ve missed this. The savings were not over the threshold when the claim was first made, but we were completely unaware that you couldn’t save your payments. We have been subsiding our child, thinking this was the right thing to do so that he could save for his future when we are no longer around. We also added savings to his account, that we had saved as he was growing up, to put towards a car. This has resulted in being over the £6K threshold for 9 months and when we added to the savings it exceeded the £16K threshold for around 6 months. We then purchased a car in September, which took it back under the £16K threshold. We’ve now had the initial review call and I’ve explained all this to them and how I was unaware of not being able to save your payments. I said I completely understand we need to pay back the overpayments and would like to get this done as soon as possible, I’d estimate it’ll be about £6,000 to pay back, but they said it now needs to go to a specialist team and won’t be sorted quickly. I’m so worried about it and just want to get it resolved as soon as possible. Do you have any advice of how long it may take for this to be resolved. I’ve read that they can prosecute if you fail to provide changes, but we genuinely didn’t know we were doing anything wrong. Have you any experience of what happens about this?
Sorry for the long post.
Comments
-
Yes, it could take a while to calculate exactly how much the overpayment is. I would say it’s unlikely they will prosecute but there will be a small fine of about £50 on top of the overpayment for not reporting the changes.
1 -
Thank you so much for replying.
Hopefully we hear sooner rather than later. I just want it sorted.0 -
Hi @Bedgrove and welcome to the community. I completely empathise with you. I wasn't fully aware of the savings rules either when I was on UC, there's just so much to remember! I hope they get back to you soon. Will you keep us updated?
1 -
Hi @Rachel_Scope
Thank you for your reply.
Do you mind me asking if you had an overpayment?
0 -
I manage my daughter's UC claim and on the bottom of each statement every month it gives information about capital limits. This should be on all statements, isn't it on his?
0 -
Hi @Bedgrove yes I did. It was many years ago now and I agreed to pay back maybe £20 a month, it's hard to remember exactly.
1 -
@poppy123456
I must admit that I’ve never looked at any statements. Payments were received each month as expected, so I’d never needed to. I always responded if there was an email to advise I needed to log in, but this was rare since being on LCWRA. I’d even enquired on the journal about any money received if he were to do some therapeutic work, so always thought I was advising of necessary changes to his circumstances. I just genuinely didn’t know about the savings. It’s no excuse really, but I’m spinning plates trying to care for my Mum with advanced dementia and my job too, so feel I’ve taken my eye off the ball with this and am kicking myself.
I’ve been reading through other posts and noticed something about some payments being disregarded as you have a year to spend them. I was just wondering if you know what sort of payment qualifies for this?0 -
Benefit backpayments (such as the amount of PIP from application date to award date) and personal injury compensation are two that come to mind.
0 -
Don't be too harsh on yourself, it sounds like you're having to deal with a lot.
I'm not entirely sure about the payments you mention, but I'm sure someone else will be able to help 😊
0 -
Thank you
0 -
Thank you
0 -
When it comes to the HMRC, in my experience, you are fighting a losing battle. I worked a John Lennon Airport whilst my wife was, in real terms, paying to be a care assistant. Due to this I got her a job at the airport with me. I rang the people at the then, working Tax Credits, to inform them we were now earning considerably more money and that our claim needed to be reassessed. I was assured by the person on the phone that it would be reviewed and thought nothing more of it.
Cut to five years later, long after all paperwork had been destroyed and all knowledge forgotten, we get a letter informing us that we had been over paid, cut to six years later and we are just six months away from finishing paying back the £7000 they claim we owed them.
We were told at the time that there was no record of the phone call, remember the first thing on all these calls. Calls are recorded blah, blah, blah, but not this one. Long story short, the letter basically said we are right and you are wrong pay us back our money.
You can, if you have the money, choose to fight the HMRC, who have endless pockets, but we were told, save your money and just pay them back.
1 -
What is Personal Independence Payment (PIP)?
Personal Independence Payment (PIP) is the name of a benefit that some people with a disability or health condition get.
The money is to pay for extra help to look after yourself and to get around.
This Easy Read tells you what happens in a PIP assessment.
After you have applied for a PIP your form will be looked at by a health professional like a doctor or a nurse.
The health professional will look at other things too - like statements from your social worker and your care plan.
Most people will be asked to go to a meeting with the health professional.
This could be over the phone or face-to-face.
A face-to-face meeting might take place:
- in your own home.
- at an assessment centre.
A family member, carer, or friend can come to your assessment with you.
The meeting can take about 1 hour but might go on for longer.
You may be asked some simple questions like:
- "How much money would you get back if you bought something for 80p using a £1 coin?"
The health professional may also want to see how you move.
They may ask you to do things like put your finger on your nose.
You may also be asked about how you do activities like cooking.
The health professional asks you all these questions so they can find out how much help you need.
This is called having an assessment.
They give you points for each thing you find difficult to do.
For example:
- If you can make a meal you get 0 points
- If you can only make a meal using a microwave you get 2 points
- If you need someone to watch or help you make a meal you get 4 points
- If you are unable to make a meal you get 8 points.
People need 8 points before they can get PIP at the normal rate.
The Department for Work and Pensions(DWP) call the normal PIP rate the 'standard' rate.
People with 12 points get a higher rate of PIP.
The DWP call the higher rate, the 'enhanced' rate.
If you want, you can ask for a recording of your assessment appointment.
If you want a recording of your assessment you will need to phone the Centre for Health and Disability Assessments a few days before your appointment.
Telephone: 0800 288 8777
For more information visit their website at:
If you miss your assessment appointment you will be asked why you did not make it.
If you have a good reason you may be given another date for your assessment.
If you do not give a good reason for missing your assessment, you may not get PIP.
After the assessment, the health professional will make a report for the Department for Work and Pensions (DWP) that tells them how much help you need.
The DWP will look at the report, and any other information, to see if you should get PIP.
If they think you should get PIP, they will also decide:
- how long you should get PIP for.
- if you should get the standard PIP rate, or the enhanced PIP rate.
If you are not happy about any decision made by the Department for Work and Pensions (DWP), you can appeal.
Appeal means saying you want someone to think about a decision again.
If you want to make an appeal about your PIP decision, you need to do it very quickly before the time to appeal runs out.
If you are told you will get PIP, the Department for Work and Pensions (DWP) will make payments to you from the date you first applied for PIP.
0 -
Thank you for your reply. As soon as I read about the savings limit, I wrote in my journal to ask for a call ASAP. They did call me that day and I explained what had happened, so they were aware when I had my assessment. I assumed that call would’ve been recorded, but after your experience then maybe not?
I’m happy to pay back what is owed as soon as possible, I just want it sorted. It’s all I can think about and by the sounds of it won’t be resolved very quickly.0 -
This is what I found on Mencap and they have a whole host of information in all areas of life
2 -
@Kev1n this isn't HMRC it's DWP because they administer Universal Credit.
Ah, I totally get that you don't look at statements, I'm the same mostly for my daughter's UC because her payments are always the same too.
At least it's being dealt with now. Aside from what Kimmy87 mentioned about disregards, there's also the cost of living payments, if he received any of those, providing his capital didn't drop below the amount in which he received.
0 -
Thank you
0 -
your welcome
0 -
Thank you, I really appreciate your reply. I don’t think he’s received anything that would be disregarded in that case.
0 -
@durhamjaide2001 sorry but I'm confused why you put information up about PIP? Bedgrove's son is already claiming PIP.
0
Categories
- All Categories
- 14.9K Start here and say hello!
- 7K Coffee lounge
- 81 Games den
- 1.7K People power
- 103 Announcements and information
- 23.3K Talk about life
- 5.5K Everyday life
- 277 Current affairs
- 2.3K Families and carers
- 857 Education and skills
- 1.9K Work
- 501 Money and bills
- 3.5K Housing and independent living
- 999 Transport and travel
- 682 Relationships
- 71 Sex and intimacy
- 1.4K Mental health and wellbeing
- 2.4K Talk about your impairment
- 857 Rare, invisible, and undiagnosed conditions
- 916 Neurological impairments and pain
- 2K Cerebral Palsy Network
- 1.2K Autism and neurodiversity
- 38.1K Talk about your benefits
- 5.8K Employment and Support Allowance (ESA)
- 19.2K PIP, DLA, ADP and AA
- 7.6K Universal Credit (UC)
- 5.5K Benefits and income