Back Money PIP + DLA

Spiers1977

Just won tribunal hearing for DLA + PIP they are back dating it from 12/03/2020 can they take all money for outstanding debt would like some information if they can or not thanks

janer1967

Hi and welcome 

I'm not 100% certain but others have said that they have recovered debt from PIP back pay 

Hopefully other members will be able to advise 

woodbine

I assume you mean you have moved from DLA to PIP ? If you have backpay due and also have outstanding debts then yes they will take money to repay the outstanding debt.

mikehughescq

The argument is whether they ought to be able to do so. Nowadays they routinely try to do this and will do if you just accept it. However, it is clearly open to challenge for several reasons:

1 - there is at best a tenuous legal basis for recovery from arrears of another benefit. 
2 - whilst there is some guidance suggesting you can recover from disability benefits that's arguable in itself and relates only to weekly deductions not lump sum offsets. 

woodbine

I suppose whatever the technicalities are it's better to clear the debt whilst you have the opportunity, as opposed to making weekly payments over potentially a long period?

mikehughescq

Depends on the debt. People tend to assume all overpayments are recoverable and that's culturally encouraged by DWP. It is also untrue in a significant number of cases so my starting point would never be to ask whether or not it should be recovered from a specific benefit but whether or not recovery ought to be challenged in the first place. 

ThankGod

mikehughescq said:

Depends on the debt. People tend to assume all overpayments are recoverable and that's culturally encouraged by DWP. It is also untrue in a significant number of cases so my starting point would never be to ask whether or not it should be recovered from a specific benefit but whether or not recovery ought to be challenged in the first place. 

I'm being forced to repay an alleged Income Support "overpayment" from 1994, at a time when I was a single mum and part-time university student with disabilities.  Unfortunately I could not challenge it as I do not have access to my financial records from back in 1994.  It looks like I'm now due substantial PIP backpay and I'm guessing DWP will take all this backpay to pay for an overpayment that I don't believe I even owe