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Overpaid?

SwordfishSwordfish Member Posts: 54 Pioneering
After meeting with cab person yesterday, she advised me me to tell them? that I have over £16,000 in my account...after ringing housing benefits they said if it was alright with works and pension it was alright with them, I rang works and pensions she asked me by how much.(down to the last penny)....my question is how do them take the money back....a fine... then direct debit?  I have been in a bereavement fog since my partner/carter passed away last September  .
Thanks in Advance. Roger 

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    I'm sorry to hear of your loss. Having savings of more than £16,000 means you won't be entitled to any means tested benefits, including housing benefit and council tax reduction.

    Any benefits you've received since having the savings will need to be repaid, if you didn't report the savings when you had them then you may have a fine on top of the overpayment.

    Arranging to re-pay through a payment plan is most likely possible but you'll need to speak to DWP regarding this for the ESA and your local council for any housing benefit overpayment.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Adrian_ScopeAdrian_Scope Testing Team, Community Team Posts: 7,951 Scope community team
    I'm sorry to hear about your loss @Swordfish.

    Could I just double check that the amount is savings and not a backpayment for benefit etc that has taken your savings over the £16,000 mark? They're treated differently so just want to be sure.

    Which benefits are you currently claiming? PIP is not means tested so your savings won't be a problem for that. 
    Senior Community Partner
    Scope

    If you have a few minutes to spare, we'd appreciate your feedback on our online community.
  • April2018momApril2018mom Member - under moderation Posts: 2,882 Member - under moderation
    Which benefits are you claiming?
  • SwordfishSwordfish Member Posts: 54 Pioneering
    After tomorrow my benefits stops  because I had zero points with my PIP assessment, which proves that I can't handle my finances.....they tell me my money is stopping and I tell them I have over £16,000.  😰. M.R. then tribunal based on an assessor who was a stranger to the truth.
    I was on DWP...DLA
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    The reason your other benefits have stopped is because you have savings of more than £16,000. Thankfully, PIP isn't means tested so if a decision goes in your favour at Tribunal you'll be backdated all that money.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • SwordfishSwordfish Member Posts: 54 Pioneering
    The reason your other benefits have stopped is because you have savings of more than £16,000. Thankfully, PIP isn't means tested so if a decision goes in your favour at Tribunal you'll be backdated all that money.
    What if my benefits/savings went over 16k several years ago, can they retrieve money from my partner's estate?.even though she has passed away last September 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yes they can do that., if you've been claiming means tested benefits for that long. All changes need to be reported. You will need to repay back all the money owed. You really should be getting some expert advice regarding this from an advice agency near you.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • April2018momApril2018mom Member - under moderation Posts: 2,882 Member - under moderation
    Yes what @poppy123456 said is correct. If you have been claiming means tested benefits they can do that. Every change must be reported asap. You must find a way to repay them all the money owed too. Please do not hesitate to seek out advice from a advice agency.
    Do you have a social worker or not? 
  • SwordfishSwordfish Member Posts: 54 Pioneering
    Yes they can do that., if you've been claiming means tested benefits for that long. All changes need to be reported. You will need to repay back all the money owed. You really should be getting some expert advice regarding this from an advice agency near you.
    I have had two meetings with a young lady from citizens Advice, it was her who advised me to tell the truth, please don't think I'm have an easy come easy go attitude ...for the past 25 years I have had Cerebella Ataxia . My partner/carer's eldest son sorted her death certificate and used the "Tell us Once "  facility thinking all departments knew she was my carer 
  • Adrian_ScopeAdrian_Scope Testing Team, Community Team Posts: 7,951 Scope community team
    Hi @Swordfish. The most likely outcome is that they'll be in touch to discuss repayment of any overpayment and depending on your situation this could be a lump sum or a repayment plan.

    Best of luck with your PIP appeal. Are CAB helping you with this?
    Senior Community Partner
    Scope

    If you have a few minutes to spare, we'd appreciate your feedback on our online community.
  • SwordfishSwordfish Member Posts: 54 Pioneering
    The dept department from DWP has deducted £178 by direct debit without notifying me, no letter ...nothing! is this normal practice? I only found out as the council asked for two convective bank statements, they have stopped my housing benefit and council tax, I can't help feeling that I will be penalised when it comes to my tribunal probably next year at the rate of knots they are going.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    What was the £178 for? possibly council tax? The reason your housing benefit and council tax have stopped is because you have savings of more than £16,000 and because of this you're not entitled to any means tested benefits. You may also have an overpayment, if you didn't report the savings, which will need to be repaid back.  If you claim any other means tested benefits like ESA, universal credit, JSA or Income Support then you will need to report the savings to them also.

    PIP isn't means tested so savings won't affect that and won't go against you at your Tribunal.


    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • SwordfishSwordfish Member Posts: 54 Pioneering
    My council tax is £107, I've set up direct debit to pay that and housing benefit, maybe they'll send me a letter to coincide with my next bank statement, either way I won't be making any more phone calls , I can get short tempered with (delete expletive).  😡
  • SwordfishSwordfish Member Posts: 54 Pioneering
    The repayment plan they've set (without any  letter or phone call to me) is fairly low, I've been refused the M.R. if the money is not down to requirements by the time the Tribunal comes, there's little point in me going.....any advice appreciated.
    Thanks in Advance  
  • JurphJurph Member Posts: 346 Pioneering
    Savings doesn't affect PIP @Swordfish

    The only benefits affected by savings are the 'means tested' ones. They're the ones you get because you're on a low income like housing benefit or income related ESA.
  • SwordfishSwordfish Member Posts: 54 Pioneering
    I'm Not getting any P.I.P. thanks to M.R. refusal.......I pay my own housing and council tax, the point I am trying to make is the Tribunal going to go in my favour if the overpayments haven't been paid?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Swordfish said:
    I'm Not getting any P.I.P. thanks to M.R. refusal.......I pay my own housing and council tax, the point I am trying to make is the Tribunal going to go in my favour if the overpayments haven't been paid?
    The overpayments won't have anything to do with your Tribunal. The Tribunal is because you were refused PIP.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • SwordfishSwordfish Member Posts: 54 Pioneering
    Hi @Swordfish. The most likely outcome is that they'll be in touch to discuss repayment of any overpayment and depending on your situation this could be a lump sum or a repayment plan.

    Best of luck with your PIP appeal. Are CAB helping you with this?
    I rang DWP yesterday and told them (3 departments) they wasn't sure what I was talking about (£16.000) .I rang the local council they said everything is fine as I pay my rent/council tax......they offered to send someone out to explain to put my mind at rest.
  • Adrian_ScopeAdrian_Scope Testing Team, Community Team Posts: 7,951 Scope community team
    Hi @Swordfish. Are you paying back any overpayment for council tax support or housing benefit? Or just paying your usual rent and council tax? 

    Just to reiterate what Poppy and Jurph have told you, it makes no difference that any overpayment hasn't been repaid to your PIP tribunal. They won't be interested in that and it doesn't affect your PIP claim in any way. 
    Senior Community Partner
    Scope

    If you have a few minutes to spare, we'd appreciate your feedback on our online community.
  • SwordfishSwordfish Member Posts: 54 Pioneering
    No I'm not paying any overpayments, just paying rent and council tax, when I rang yesterday they DWP said that I don't owe anything....the pension credit overpayments which was paid on August 1st.
    Many Thanks 
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