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Backdated pay and overpayment

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lebabes219
lebabes219 Community member Posts: 28 Listener
in PIP, DLA, and AA
hi was wondering if someone could help I won my tribunal last week for my pip daily living. I have recently been told that I owe dwp over £4000 from an overpayment off income support from 20 years ago! Will the dwp take my back dated pay that is due to me to cover this debt? 
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  • wilko
    wilko Community member Posts: 2,458 Disability Gamechanger
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    Hello and welcome I am not an expert in these matters but the income tax people can only claim back up to six years if I am correct but somebody will tell me otherwise, I would goggle your question and see what comes up it might surprise you and us.
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  • poppy123456
    poppy123456 Community member Posts: 53,985 Disability Gamechanger
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    wilko said:
    Hello and welcome I am not an expert in these matters but the income tax people can only claim back up to six years if I am correct but somebody will tell me otherwise, I would goggle your question and see what comes up it might surprise you and us.
    Income Support isn't income tax. DWP can't take you to court after 6 years but they can deduct an overpayment from earnings and a benefit payment. Whether they can take money from a disability benefit backdated payment, i'm really unsure.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • wilko
    wilko Community member Posts: 2,458 Disability Gamechanger
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    Just looked on line and you could or can ask for the overpayment to be waived, but you have to ask, request this so get some advice from CAB or a benefits officer.
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  • poppy123456
    poppy123456 Community member Posts: 53,985 Disability Gamechanger
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    Do you have a link for that?
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • lebabes219
    lebabes219 Community member Posts: 28 Listener
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    I have searched online and they can go back for overpayments the 6 years doesn’t count for dwp. I have looked at some info about trying to get it waived but I already have a deduction coming out of my UC so basically is as good as agreeing with them that I owe them the money. I have no idea and have no proof wotsoever in trying to prove hem wrong, can’t remember much about last week let alone over 20 years ago ☹️ Someone in a group said they can’t take it from a disability payment but others disagree! Confused.com 
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  • poppy123456
    poppy123456 Community member Posts: 53,985 Disability Gamechanger
    edited February 2019
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    Just found a link and yes they can recovery the debt from back dated PIP money. See link and scroll to chapter 5.... part 5.8, then there's a link that says "appendix 1 for the complete list of benefits they can recover a debt from.




    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • lebabes219
    lebabes219 Community member Posts: 28 Listener
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    Thank you 
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