Backdated payment taken to pay off debt. I had a bankruptcy order 2 years ago- is this right? — Scope | Disability forum
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Backdated payment taken to pay off debt. I had a bankruptcy order 2 years ago- is this right?

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Babygeddy123
Babygeddy123 Community member Posts: 2 Listener
edited July 2021 in PIP, DLA, and AA

Hi I have had my pip back dated they only owed me 224£ because they changed me back to enhanced from standard now I just got mobility standard wich is also going to get back dated to about 445£ but they took the 224 for a debt they said I owed but I can't have a debt because I did a bankruptcy order 2 years ago so shouldn't that have wiped my debt I'm worried there going to take my other back dation

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Comments

  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    Hi there and welcome to the community 

    I'm no expert on bankruptcy but the debt will probably be overpayment of a benefits so I'm not sure if this would have been written off

    I suggest you find out what the debt is for then seek advice from cab 

    Let us know how you get on 
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  • MarkM88
    MarkM88 Community member Posts: 3,127 Connected
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    I think it depends what they are for, this might help -

    https://www.stepchange.org/debt-info/debts-included-in-a-bankruptcy.aspx
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  • woodbine
    woodbine Community member Posts: 11,703 Disability Gamechanger
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    I seem to recall that a DWP debt would not have been part of your bankruptcy and that they are entitled to deduct any outstanding debt from back dated PIP
    2024 The year of the general election...the time for change is coming 💡

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  • MarkM88
    MarkM88 Community member Posts: 3,127 Connected
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    woodbine said:
    I seem to recall that a DWP debt would not have been part of your bankruptcy and that they are entitled to deduct any outstanding debt from back dated PIP
    I thought that, however according to the stepchange link above, 
    • Benefit overpayments (if they’re not fraudulent)
    These are included in the bankruptcy. 

    However, social fund loans are not. 

    So I think it must be dependant on what type of debt it is. 
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  • Babygeddy123
    Babygeddy123 Community member Posts: 2 Listener
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    Hi I have spoken to the debt people about my bankruptcy order and they have asked me to send a copy in they will sort out a refund or my payment as it is included in my bankruptcy order  thank u all so much 
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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited July 2021
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    You need to find out what the debt was for and when it arose.

    If it predates your bankruptcy you need to provide evidence to DWP of the bankruptcy and ask them to reimburse you for any monies incorrectly collected against debt that should have been cancelled.

    If the debt is Tax Credit debt which has been passed to DWP for collection you will need to provide evidence of the bankruptcy to HMRC so that they can remit the debt because DWP will only act on instruction from HMRC.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    Glad you got it sorted 
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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    I am amazed you managed to speak to them - they are notoriously difficult together of!
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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