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Overpayment due to been awarded lwcra

marko30

Good morning and thank you for allowing me to join and make a post
This may be a long post and I hope I explain it clearly

My wife as been awarded lwcra on our universal credit claim
Safe to say we was happy with outcome because we had been waiting since april for a wca
We got the letter on our journal to say she had been awarded and is entitled to extra money and back pay will be calculated within 7 days
Within 2 minutes of receiving that letter another note stating we are not entitled to any extra money as another claimant on our claim is already getting that element
But no one else was so we rang to explain that to then be told we have now been hit with a overpayment because the awards from the last 4 statements are now showing a overpayment
They said they had to remove my wife's carers element (we expected that so that was fine)
And our daughters disability element we got advice from another forum and also dial and welfare rights that this cannot be done
So we challenge it they saw the mistake on the system
And the advisor told us her and her colleague will sit together at lunch time to work out what's what
She then puts a note on our journal to say we still owe £114.33
So it went from £876.90 to £114.33
We asked for a breakdown so we could read it out to a gentleman on the phone at welfare rights and dial
Both of them stated this is incorrect you cannot simply have a lower element taken off your claim for a higher element to replace it and be hit with a overpayment
Its impossible the man at dial said we need to request a mr on our journal which we have done
But I need some reassurance that the man from dial is correct and it cannot cause a overpayment

This has been a stressful few days so my purpose of seeking advice is to simply ease my wife's mind that it will get fixed
They have made 2 mistakes already surely a overpayment is a mistake

Thank you for taking your time to read

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Comments

Adrian_Scope

Good morning @marko30.
This does sound like they've made a mistake.
Could you confirm a few things for me? What elements were you previously receiving on your claim?
From the sounds of it you have a dependant and they receive the disabled child element and your wife was receiving the carer element for her. Is this correct?
Also, did they provide you with the breakdown of how they think the overpayment occured?

marko30

Good morning and thank you for your quick reply

The elements what were on there
Are
2 carers I care for my wife she cares for our daughter
Disabled element for our daughter
She receives middle rate care dla
My wife receives enhanced care and standard living from pip
The other elements are for housing
And 2 children and personal allowance
There are deductions on our claim which round upto £700 per month
They have now removed my wife's carers premium
And replaced it with lwcra

At first they removed our daughter disabled element aswell as the carers we did question this

I will log onto our journal and get you the message what was left in which the advisor had claimed where the over payment came from
But it makes no sense so hopefully you could help us understand it abit better

marko30

Your payments have been re-calculated
from 29/04/2019-28/05/2019 you have been awarded extra premiums for your caring  responsibilities and the lower rate disabled child element from this we have taken the agreed advance payment of £199.55 and 0.01 towards your budgeting loan repayment.
from 29/05/2019-28/06/2019 
you have been awarded extra premiums for your caring  responsibilities and the lower rate disabled child element.
from 29/06/2019-28/07/2019
you have been awarded extra premiums for your caring  responsibilities and the lower rate disabled child element from this we have taken the agreed budgeting loan repayments of £156.56, £18.05 towards tax credit overpayment, arrears of water rates £24.94 and on going consumption of £42.95.
All these payment are available to view on your statement this is just a break down of the deductions.
After this re calculation you still have an overpayment occurred of £114.33, I will now amend this with debt management you will be contacted by them regarding the recovery of this.