Anyone ever been told they have to pay back DLA/PIP???

johnjones7656
Online Community Member Posts: 5 Listener
Hi, I've had my PIP reassessed and as a result they've also reassessed my DLA before that and have decided that I shouldn't have been getting DLA/PIP since 2005 and they'll be in touch about the money they've already paid me!!!!!!
Has anyone ever had this? What happened? How on earth am I meant to pay back 13 years of payments??
Has anyone ever had this? What happened? How on earth am I meant to pay back 13 years of payments??
1
Comments
-
Pip isn't anything to do with DLA.
Are you referring to any of the premiums?1 -
I was awarded DLA which has now changed to PIP....1
-
I cant see how they can reasses DLA after moving you to PIP and reassessing PIP?
Can you explain it more. Have they had you on the wrong amount due to the award?
1 -
How stressful. I had no idea they couod do something like this! Just when you think you've heard it all...1
-
That doesn't sound right. The criteria has changed and generally speaking, peoples conditions have changed over time.
I thought you could only be made to pay back if you were claiming fraudulently.
If this was me, I'd get some legal advice.1 -
I hope this is a mistake and that you don’t have to pay anything back0
-
Hi johnjones7656
I would contact DWP and ask them if they can offer an explanation.It may be that the letter isn’t worded very clearly and you have been denied pip.They will advise you on your next course of action.You shouldn’t be asked to repay 13 years of payments so don’t panic just yet.Pip is worked out differently to DLA so they are two separate issues.
Debsidoo.x1 -
debsidoo said:Hi johnjones7656
I would contact DWP and ask them if they can offer an explanation.It may be that the letter isn’t worded very clearly and you have been denied pip.They will advise you on your next course of action.You shouldn’t be asked to repay 13 years of payments so don’t panic just yet.Pip is worked out differently to DLA so they are two separate issues.
Debsidoo.x2 -
Hi johnjones
You need to get f2f advice on this asap. CAB or welfare rights or call the Scope helpline
CR
0 -
Hi @johnjones7656, I've forwarded your query on to Benefits Training Company who will hopefully be able to take a look at your post, but as CR says, it could be good idea to seek advice from Citizens Advice about this.1
-
Sorry to explain a bit more-they've decided that the criteria of my job at the time do not match the limitations of my illness!
Obviously they don't know the exact job specification nor the allowances I had in place to accommodate my illness at work. Problem is I'm worried with it being so long ago (2005) there's no evidence to support my case!!0 -
I would ask them for evidence to support their case that you were lying for all these years.1
-
Ah now it makes sense
Although you can receive DLA/PIP and work full time, you cannot do any kind of work that is contrary to the reason that you were awarded the benefit.
For example, if you claim enhanced mobility it would be suspect if you then took a job delivering leaflets.
Without the detail it is hard to tell. I still think you need assistane from a trained advisor asap
CR
1 -
Thanks-what do you mean by supersession?
I am in the process of seeking legal advice.0 -
Thanks everyone.
its really difficult coz you do your best and go out to work then they try and penalise you like this!! It's not as if I was a window cleaner!!1 -
Hi johnjones7656
As Mike has said there is nothing for you to evidence at this stage. If the DWP believes there is an overpayment and wants to recover it then the DWP must show that you have either "failed to disclose" or "misrepresented" a "material fact". In practice failed to disclose means you knew of something that you did not tell them. Misrepresented means you gave them information which was wrong.
A material fact is one which affects your benefit entitlement. With disability benefits there are often disagreements about the facts (e.g. how far someone can walk). Such things are more often opinions rather than facts and are harder for the DWP to prove. The fact you were in work is not necessarily a "material fact". This is because work does not in itself disqualify you from DLA or PIP.
Perhaps the most important thing to do right now is to check whether an actual decision has been made and if so on what date. If a decision has been made you should consider challenging it by way of a mandatory reconsideration in the first instance and this usually has to be done within one month, although it can sometimes be done late. If you need help checking this i suggest you take any recent DWP letters to your local advice service and request help challenging the decision.
David
1 -
johnjones7656 said:Hi, I've had my PIP reassessed and as a result they've also reassessed my DLA before that and have decided that I shouldn't have been getting DLA/PIP since 2005 and they'll be in touch about the money they've already paid me!!!!!!
Has anyone ever had this? What happened? How on earth am I meant to pay back 13 years of payments??
What I can say is they cannot reassess the DLA as PIP has nothing no ties to DLA. How did they reassess the DLA why are they saying you did not qualify they have to give you a reason did you tell them of changes that happened whilst you were Getting DLA if you did then all is well but if you didn't that would be where the problem is if you did tell them or there was no changes in circumstances then you are not responsible for the so called over payment as you did not sit the assessor down and put a gun to his/her head lol
this is just guess work I would write not phone and record deliver it and ask them for clarification on this matter and formally ask for all documents relating this.
hope things have sorted them selves out wishing you the best
0 -
Username_removed said:Old overpayment cases usually only stick if theres obvious fraud or the claimant fails to secure competent advice.
.
I'm sorry to say this but sometimes having the income and/or the capital resources does in fact get you the best advice or only advice.
1 -
Hi being completely honest it sounds as though you were reassessed for your PIP benefit which you had been changed over to andand something redflagged up that made them look at your past claims for DLA which the DWP are within their rights to do.
If they believe you claimed it for one issue and it turns out this was not the case than they can claim the overpayment back.
Did you perhaps receive it for something like mobility high rate and worked in an occupation where you where required to walk about a lot ? I personally would contact DWP in writing sent by registered post and ask what reason they have for the letter they sent you.
Has your PIP benefit been suspended1
Categories
- All Categories
- 14.9K Start here and say hello!
- 7K Coffee lounge
- 81 Games den
- 1.7K People power
- 103 Announcements and information
- 23.5K Talk about life
- 5.5K Everyday life
- 284 Current affairs
- 2.3K Families and carers
- 857 Education and skills
- 1.9K Work
- 501 Money and bills
- 3.5K Housing and independent living
- 1K Transport and travel
- 865 Relationships
- 253 Sex and intimacy
- 1.4K Mental health and wellbeing
- 2.4K Talk about your impairment
- 858 Rare, invisible, and undiagnosed conditions
- 916 Neurological impairments and pain
- 2K Cerebral Palsy Network
- 1.2K Autism and neurodiversity
- 38.2K Talk about your benefits
- 5.9K Employment and Support Allowance (ESA)
- 19.2K PIP, DLA, ADP and AA
- 7.6K Universal Credit (UC)
- 5.5K Benefits and income