will all money she gets back go on outstanding debt — Scope | Disability forum
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will all money she gets back go on outstanding debt

Spiers1977
Spiers1977 Member Posts: 10 Listener
edited January 2021 in PIP, DLA, and AA
Hi my wife just won pip tribunal at the moment £10 is taking out of your pip for overpayment of houseing benefit she is due for some money back from pip appeal will all money she gets back go on outstanding debt anybody can help

Thanks Jon 

Comments

  • woodbine
    woodbine Member, Community Co-Production Group Posts: 7,751 Disability Gamechanger
    I'm not 100% sure but I would have thought it a good idea to pay off the debt and be £10 better off.
    Be extra nice to new members.
  • Lisatho11987777
    Lisatho11987777 Member Posts: 5,788 Disability Gamechanger
    @Spiers1977 from experience  the council would of asked pip to take the   10.00  to pay off the overpayment  the money nornsly goes to the person claiming pip it should be  your choice wether you pay anymore of your overpayment when the claimant  receives the money 

    This is from my own experience 
  • MarkM88
    MarkM88 Member Posts: 3,130 Connected
    It would normally go to debt management first for them to decide, from there they usually make a decision.
  • Lisatho11987777
    Lisatho11987777 Member Posts: 5,788 Disability Gamechanger
    @MarkN88 isn't that if its a dwp over payment  this is housing benefit overpayment   which I am paying back from my pip the council  asked for money to be taken  from my pip as they couldn't take it from my universal  credit  unless I havent read the perdons comment the right way ?

  • woodbine
    woodbine Member, Community Co-Production Group Posts: 7,751 Disability Gamechanger
    Thinking about it.it would make sense if you have a benefit debt and get a benefit back payment that it would be used to pay off the debt.
    Be extra nice to new members.
  • Spiers1977
    Spiers1977 Member Posts: 10 Listener
    Thanks everybody will wait until letter arrives 
  • MarkM88
    MarkM88 Member Posts: 3,130 Connected
    @MarkN88 isn't that if its a dwp over payment  this is housing benefit overpayment   which I am paying back from my pip the council  asked for money to be taken  from my pip as they couldn't take it from my universal  credit  unless I havent read the perdons comment the right way ?

    Yes, I think you are correct, if the local council has asked for it to be taken straight from the benefit, than yes that makes sense. 

    I think the only way that debt management would get involved if either you owed the DWP direct or the council had transferred the debt to the DWP, which I don't think can be done, I think only HMRC can transfer their tax credit debt to them as I've heard stories on other forums of this happening.

    So, yes, sorry for the confusion. 
  • Lisatho11987777
    Lisatho11987777 Member Posts: 5,788 Disability Gamechanger
    @MarkN88 no its fine I thought I had read the post the wrong way 
  • woodbine
    woodbine Member, Community Co-Production Group Posts: 7,751 Disability Gamechanger
    Interesting. It is not legally possible to make any deductions from PIP whatsoever for any debt. I look forward to the clarification as to what is actually taking place.
    well spotted mike I missed that one !
    Be extra nice to new members.
  • Spiers1977
    Spiers1977 Member Posts: 10 Listener
    Thinks she's on disability living allowance does that make a difference or does it come under pip 
  • woodbine
    woodbine Member, Community Co-Production Group Posts: 7,751 Disability Gamechanger
    PIP has replaced DLA although some people are still on DLA but whichever the advice that mike gave applies.
    Be extra nice to new members.

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