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DWP overpayment - am I going to be in trouble?

25 replies

dwpproblem · 21/08/2021 22:40

I’ve fucked up .

I was in uni from 2017 til 2019, had to take suspension due to severe mental and Physical ill health . I came home, had to take on role of full time carer to my mum . I was advised to claim universal credit and carers credit, which I did.

I was then told I should have got carers allowance, so applied and got a back date .

DWP immediately got in touch said I couldn’t get back payment of carers allowance and carers credit and I now owed them all the carers credit . I set up repayments with them .

In Jan of this year I went back to uni albeit virtually . I told DWP a hundred times from December onwards . I wrote it in journal . Sent letters . Phoned . They said to let them know on x date - I did tell them on that date .

By x date the next months payment had been processed and DWP again got in touch . Said I owed outstanding repayments and now a new one - three figure sum . They said I should have known that payments are processed on x date and should have told them 5 working days before and it was entirely my fault for not knowing the exact date of when a benefit claim should be stopped - said if you tell them after x date of the month you will always be penalised .

I phoned them several times, wrote letters and they said they’d do a mandatory reconsideration thing and that was in Feb - I’ve never heard a word since . Have tried to call dozens of times but just get endless 4-5 hour waits before being told I’ve got the wrong department . Nobody at DWP seems to know what to do, and one laughed out loud when I said I didn’t physically have that cash to give them . I was so bloody tired from uni and caring for mum and managing my own needs that I stopped phoning them assuming they’d write if they needed to . That was in April ....

I restart uni properly in 3 weeks . It’s full time, clinical placements . I’m in midst of arranging social care for my mum so I can move into halls which is a nightmare . I’ve saved every penny I possibly can and am selling my stuff too as student loan means I’m going to be living off tiny amount . Uni also said they would try to support me to get a job but that means not being able to support my mum at all any more .

If I pay DWP now I’m screwed, I wouldn’t be able to go back . It wouldn’t be affordable at all .

So it’s a case of either I go back to uni and don’t repay (or agree to pay portion of my student loan and eg skip meals to afford) , or repay and don’t go back to uni and go back on benefits .

I’ve buried my head in the sand out of panic and am now sitting 1030 on a Saturday night panicking that they’re going to write to me threatening jail . I don’t know what to do . I suppose I should phone - can they take it off my student loan? I’m panicking if my uni find out that they’ll kick me off the course, I’m worried my failure to get it sorted sooner is fraud?

(I don’t want financial support nor am I after money from this thread, seriously - just advice on what to do next - how to stop panicking basically!)

OP posts:
Babyroobs · 21/08/2021 22:44

I'm confused how the overpayment has arisen. Were you getting a student loan when you went back to Uni and Uc did not know about this ?

Babyroobs · 21/08/2021 22:46

Carers allowance is deducted from Universal credit pound for pound but you would still get the carers element, so if you received a lump sum back pay of Carers allowance that would need to be taken back off the Uc and would be classed as an overpayment.

lilmishap · 21/08/2021 22:47

Offer to pay instalments.

Interested in this thread?

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dwpproblem · 21/08/2021 22:49

@Babyroobs

I'm confused how the overpayment has arisen. Were you getting a student loan when you went back to Uni and Uc did not know about this ?
They said it was because I got carers element of UC and CA as well - second time it was because I ended my claim on what they said was the wrong day of the month - they said I reported change in circumstance 24 hours too late for their admin times, so they gave me two weeks worth of benefits that couldn’t be cancelled - was already processed by the time I ended my claim . I was told to tell them on that date though, but advisor said I should have known to have told them on a different date . It’s confused the hell out of me tbh, no matter what I did or didn’t do i think I’d have made a mistake, whole process was horrendous .
OP posts:
Babyroobs · 21/08/2021 22:49

@lilmishap

Offer to pay instalments.
Yes they have to negotiate what you can pay back for an overpayment. if you are not receiving Uc now they cannot take it back automatically so you would need to set up a repayment plan. You will not be prosecuted for this especially if you can prove you informed them of changes.
Theunamedcat · 21/08/2021 22:50

Contact your mp they will have to intervene you have literally told them on more than one occasion and they have fucked up spectacularly ffs

You can arrange a payment plan low amount back monthly till its cleared even of it goes to court they still cannot get blood out of a stone

Dare I ask how much do you owe?

Usually they take the overpayment back at 25% of your personal entitlement per month max

dwpproblem · 21/08/2021 22:50

@lilmishap

Offer to pay instalments.
I think that’s what I’m going to have to do but I think it’s going to be £2.50 a week or something !! Not sure they’ll like that but that’s all I can give (student loan leaves me with £20 a week to live off at present, got meetings with uni finance team to figure stuff out)
OP posts:
Babyroobs · 21/08/2021 22:51

It's not because of the carers element of Uc, you would have been entitled to claim standard and carers element of Uc but then as carers allowance is paid separately, that has to then be deducted off the Uc award. It surely can't be an awful lot that you owe ?

Blindstupid · 21/08/2021 22:52

I’m confused … carers credit is not a money allowance so you can’t owe that … carers allowance is actually money so is that what they say you owe? What exactly were you claiming? What benefits were you actually getting?

dwpproblem · 21/08/2021 22:52

@Theunamedcat

Contact your mp they will have to intervene you have literally told them on more than one occasion and they have fucked up spectacularly ffs

You can arrange a payment plan low amount back monthly till its cleared even of it goes to court they still cannot get blood out of a stone

Dare I ask how much do you owe?

Usually they take the overpayment back at 25% of your personal entitlement per month max

£440 - which doesn’t sound like a lot but it is to me . Hopefully someone answers phone on Monday !
OP posts:
dwpproblem · 21/08/2021 22:53

@Blindstupid

I’m confused … carers credit is not a money allowance so you can’t owe that … carers allowance is actually money so is that what they say you owe? What exactly were you claiming? What benefits were you actually getting?
UC and carers allowance . They said my mistake was telling them I was a carer on claiming UC and then claiming CA separately - said it happens all the time .
OP posts:
Blueskythinking123 · 21/08/2021 22:53

If you called and told them about the changes, they should of auctioned them. If you get a request for payments ask for a copy of the recorded phone calls. It's a SARS request. I did this after I called to inform DWP I'd win a tribunal for PIP. They put me on the wrong amount and wanted me to pay it back. I could evidence from the call that I'd given them the correct information and it was their error. The repayments were dropped. It wasn't clear I'd been overpaid due to back payments while it was going through tribunal etc.

Babyroobs · 21/08/2021 22:53

@Blindstupid

I’m confused … carers credit is not a money allowance so you can’t owe that … carers allowance is actually money so is that what they say you owe? What exactly were you claiming? What benefits were you actually getting?
I think op is talking about carers element of Universal credit when she says carers credit?
Theunamedcat · 21/08/2021 22:54

Contact the mp explain everything they should be able to help you

Call debt management Monday ask to set up a payment plan explain your on student loans you want the absolute minimum repayment you can make until you can secure work and you can pay it back faster

Babyroobs · 21/08/2021 22:54

@Blueskythinking123

If you called and told them about the changes, they should of auctioned them. If you get a request for payments ask for a copy of the recorded phone calls. It's a SARS request. I did this after I called to inform DWP I'd win a tribunal for PIP. They put me on the wrong amount and wanted me to pay it back. I could evidence from the call that I'd given them the correct information and it was their error. The repayments were dropped. It wasn't clear I'd been overpaid due to back payments while it was going through tribunal etc.
Op informed them on the journal so surely they will still be there to see ?
dwpproblem · 21/08/2021 22:54

@Babyroobs

It's not because of the carers element of Uc, you would have been entitled to claim standard and carers element of Uc but then as carers allowance is paid separately, that has to then be deducted off the Uc award. It surely can't be an awful lot that you owe ?
I think that’s what they said yes, that sounds about right . They’re not the kindest people on the phone and I tend to just panic, the last person kept telling me I’d deliberately deceived the government .... !
OP posts:
dwpproblem · 21/08/2021 22:56

@Theunamedcat

Contact the mp explain everything they should be able to help you

Call debt management Monday ask to set up a payment plan explain your on student loans you want the absolute minimum repayment you can make until you can secure work and you can pay it back faster

Thank you, I’ll do that . will contact uni union as well as I think they have debt advice there too . I shouldn’t have buried my head in the sand but been so stressed and worried about my mum that stuff’s been left to slide (case in point, I’ve run out my bloody anti depressants too tonight as just forgotten to do my things whilst helping mum!)
OP posts:
dwpproblem · 21/08/2021 23:01

RE journal yes - I told them I was going back to uni 6 times from 17 Dec and right through til 1 Feb .

OP posts:
Dinkydody · 21/08/2021 23:02

They will only ask for this money back if or when you claim benefits again.

Babyroobs · 21/08/2021 23:02

Honestly don't worry yourself over this. People end up with thousands of pounds worth of overpayments - I had one of my clients with a tax credits overpayment of 11k a few weeks ago. They will just take it back gradually.

Babyroobs · 21/08/2021 23:03

@dwpproblem

RE journal yes - I told them I was going back to uni 6 times from 17 Dec and right through til 1 Feb .
Those journal entries will all be retrievable even if your claim is closed now. I honestly wouldn't worry.
Theunamedcat · 21/08/2021 23:56

There is a woman on my Facebook group who owes about thirty thousand thanks to tax credits messing up she has to pay it back a bit at a time out of her uc its about £75 a month

HalzTangz · 22/08/2021 00:02

Did you spend that payment that was made in error, if so you would have to repay it.
You need to call them with your incomings and outgoings to arrange a repayment that you can realistically afford

redfairy · 22/08/2021 01:15

I'm having to pay back an overpayment due to their admin error. I am paying it back at £15 per month by direct debit. They are very flexible so only offer what you can afford.

JulesRimetStillGleaming · 22/08/2021 02:08

Offer £1 a week. Don't stress about it and don't give up uni for it. Ultimately uni will get you to a position where you are earning and won't need benefits and can afford to pay it back. Best to think longer term.

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