Backdated pay and overpayment

lebabes219

hi was wondering if someone could help I won my tribunal last week for my pip daily living. I have recently been told that I owe dwp over £4000 from an overpayment off income support from 20 years ago! Will the dwp take my back dated pay that is due to me to cover this debt? 

wilko

Hello and welcome I am not an expert in these matters but the income tax people can only claim back up to six years if I am correct but somebody will tell me otherwise, I would goggle your question and see what comes up it might surprise you and us.

poppy123456

wilko said:

Hello and welcome I am not an expert in these matters but the income tax people can only claim back up to six years if I am correct but somebody will tell me otherwise, I would goggle your question and see what comes up it might surprise you and us.

Income Support isn't income tax. DWP can't take you to court after 6 years but they can deduct an overpayment from earnings and a benefit payment. Whether they can take money from a disability benefit backdated payment, i'm really unsure.

wilko

Just looked on line and you could or can ask for the overpayment to be waived, but you have to ask, request this so get some advice from CAB or a benefits officer.

poppy123456

Do you have a link for that?

lebabes219

I have searched online and they can go back for overpayments the 6 years doesn’t count for dwp. I have looked at some info about trying to get it waived but I already have a deduction coming out of my UC so basically is as good as agreeing with them that I owe them the money. I have no idea and have no proof wotsoever in trying to prove hem wrong, can’t remember much about last week let alone over 20 years ago ☹️ Someone in a group said they can’t take it from a disability payment but others disagree! Confused.com 

poppy123456

Just found a link and yes they can recovery the debt from back dated PIP money. See link and scroll to chapter 5.... part 5.8, then there's a link that says "appendix 1 for the complete list of benefits they can recover a debt from.

Link is here. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/770083/benefit-overpayment-recovery-guide.pdf

lebabes219

Thank you