Why did they give it to me in the first place? — Scope | Disability forum
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Why did they give it to me in the first place?

parko
parko Member Posts: 40 Listener
Hi new to the forum not good doing this but I will try . About 9 years ago my wife had 2 break downs in 6month. world turn upside down with two you girls to look after . The crises team where help ful the said about making a claim for cares allowance and there would help me with the form .I work so I filed it in got word back saying I was entiled to it so that was that. shock get a letter off them to say I should have not got it in the first place. I told no lies on the form did not know about £120 or so you cant go over I was and still working 39 hours no change at all so why did there give it ti me in the first place . Got a letter asking for a few pay slips sent them off am going to my cab office this what will . My wife not in good health trying to keep this from here
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Comments

  • steve51
    steve51 Member Posts: 7,154 Disability Gamechanger
    Hi @parko

    Good Evening & Welcome it’s great to meet you today.

    I am one off the Community Champion’s here at Scopes.

    Please please let me know if there’s anything that I can help you with.

    @steve51
  • janer1967
    janer1967 Member Posts: 12,739 Disability Gamechanger
    Hi @parko Welcome to the community.

    How long have you been claiming CA before they got in touch to say you were not entitled ? I know there is an earnings limit for you to be entitled to it. Did they ask about your earnings before when you claimed. Were you not made aware of the earnings limit

    It is also hard to claim carers when working full time as you have to care for the person for at least 35 hours per week to claim and on top of  full time job this doesn't leave much free time.

    If they try and claim back anything they have paid I would try and oppose this if you completed the form with correct information  
    I have professional experience in HR within public,  private, and charity sectors.  If I can help I will 
  • parko
    parko Member Posts: 40 Listener
    Hi I have just received access request for all the paper work there have on us . On the form I told the truth my wages and 6 wage slips. looking back what I know now I was well over the amount. so why did there not stopped it then Hi I was claiming this for 11 years I always thought it was means tested. 

  • atlas47
    atlas47 Member Posts: 243 Pioneering
    Hi @parko

    A warm welcome.

    You need to get a copy of your original claim form, that you completed 11 years ago.

    Each year since then, you should have been sent an award letter, from DWP.

    In this letter it sets out in detail, what you have to report to DWP, that you are working 39 hour week and are earning £X per week.

    The onus is always on the claimant to report a change of circumstances, to DWP.

    You should seek detailed assistance and advice from a Welfare Rights Advisor.

    Let us know how you get on.

    Stay kind and be safe.
  • parko
    parko Member Posts: 40 Listener
    Hi like I have posted I have all the paper work from the first day 39hours my wage well over the limit and 6 wage slips saying the same think. so why give it to me
  • woodbine
    woodbine Community Co-Production Group Posts: 5,598 Disability Gamechanger
    Hi @parko how are you today? If you have updated them from the start with your earnings then it could and i stress could be classed as official error which may (may) not have to be repaid, although I would ask when you became aware of the earnings limit?
    However best advice I can offer is to contact CAB or welfare rights and see what they have to say.
    I am a person with epilepsy not an epileptic, my illness doesn't define me.
  • parko
    parko Member Posts: 40 Listener
     I came aware when there asked me to send some wage slips in. As we think one of you are working. I have got a solicitor on stand by but as he says cant do out at the moment because we don't know what DWP are going to do . This has been going on from start of march could I be looking at a court case what could happen. My wife getting stress again
  • woodbine
    woodbine Community Co-Production Group Posts: 5,598 Disability Gamechanger
    As the solicitor says all you can do is wait and see what the DWP say, if you have been updating them on a regular basis with proof of your income which was above the limit then you have done nothing wrong, its their mistake not yours. The link below is worth a read:

    https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/common-reasons-for-changing-a-dwp-benefit-decision/your-benefit-decision-has-been-changed-because-of-official-errors-or-changes-in-the-law/
    I am a person with epilepsy not an epileptic, my illness doesn't define me.
  • mikehughescq
    mikehughescq Member Posts: 7,777 Disability Gamechanger
    Okay, so...

    1 - you don’t need to do anything beyond challenging the decision and asserting that you have fully disclosed at all times (assuming that it be true). The reason for this is that on overpayments like this it’s the DWP seeking to change the award decision so they have to show grounds for supersession and then that it’s recoverable, The burden of proof is wholly on them. They have to prove there was a failure to disclose and that it’s recoverable. Most likely they won’t be able to as much of the evidence will have been destroyed. You don’t need to get your original claim pack or anything as yet. Challenge the decision and make the assertion. Point out that the burden if proof is on DWP.

    2 - they cannot recover a penny of the cause of the overpayment was official error. They will try moral blackmail mostly because they don’t have a legal leg to stand on if it’s official error.
  • parko
    parko Member Posts: 40 Listener
    Thanks for your help and advice it goes a long way . Does it take this long  or is it because the virus is slowing thinks down
  • parko
    parko Member Posts: 40 Listener
    Hi still no news
  • Adrian_Scope
    Adrian_Scope Posts: 8,167

    Scope community team

    Hi @parko, sorry you still haven't heard anything. It used to take quite some time even before the lockdown etc, but I imagine it's going to take a little longer now. I hope you hear something soon.
    Community Manager
    Scope

    Tell us how to make the community better for you. Complete our feedback form.
  • parko
    parko Member Posts: 40 Listener
    Hi still no news got my letter on 22nd of feb long time waiting for that postman 
  • Chloe_Scope
    Chloe_Scope Scope Posts: 10,565 Disability Gamechanger
    I can imagine @parko! Sorry it's taking so long.
    Scope

  • parko
    parko Member Posts: 40 Listener
    Hi well i got a letter today A lot to fill in . it states that 17 feb 2020 your payments where stopped. Your ni records show you have been working. ( there knew that on my first application) Then there ask me to fill the forms in Date i started / wages still carer for my wife /my job /pay role number i have waited for the forms to come for 5 months and there want all these back by the 27 of this month
  • mikehughescq
    mikehughescq Member Posts: 7,777 Disability Gamechanger
    I would strongly advise you seek advice at this point but one thing to consider is that what they’ve sent you is an evidence gathering exercise. It implies the onus is on you to complete it but what exactly happens if you don’t? There’s no sanction. Benefit has already stopped. So, what’s really going on is an evidence gathering exercise. It strongly suggests they don’t have sufficient evidence and therefore are inviting you to incriminate yourself. As I say, you need advice at this point.
  • parko
    parko Member Posts: 40 Listener
    Thanks for that i rang my solicitor today he said its a bit early to see him as there have not said what there going to do next  .i have been waiting for months now when i get  news i started worry again . with the wife haveing 2 breakdowns in the past i rely on you peaple to talk to many thanks
  • parko
    parko Member Posts: 40 Listener
    Hi to every one. rang this morning see if there was any news. There said it goes to another department. He says there have all the paper work in just not made any decision yet . i told him i got all the paper work off you and states my wages were well over. 6 wages slips stated that. He said it might have taken off other wage slips i said why ask for the last 6 . i said what would happen when there come to a decision He said a repayment plan or if cant pay that amount there would prob wright it off and fine me but no court action . Why do i not believe it
  • parko
    parko Member Posts: 40 Listener
    Hi to every one. rang this morning see if there was any news. There said it goes to another department. He says there have all the paper work in just not made any decision yet . i told him i got all the paper work off you and states my wages were well over. 6 wages slips stated that. He said it might have taken off other wage slips i said why ask for the last 6 . i said what would happen when there come to a decision He said a repayment plan or if cant pay that amount there would prob wright it off and fine me but no court action . Why do i not believe it
  • Adrian_Scope
    Adrian_Scope Posts: 8,167

    Scope community team

    Hi @parko. Thanks for coming back to update us. It's a shame you're still waiting for news, I imagine it's a pretty stressful time for you.
    Hopefully you won't be waiting too much longer and a plan can be worked out with them.
    Community Manager
    Scope

    Tell us how to make the community better for you. Complete our feedback form.

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