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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to be very upset about benefit overpayment

33 replies

coffeelover3 · 30/01/2021 15:27

so don't want to give too much info here but basically I just heard that I have been overpaid benefits by 2500. I cant stop crying. The letter was so threatening, saying they will not charge me at this time but could in the future. I've done nothing wrong I've been 100% honest at all times, and given them all the documentation they have asked for on time, replied to every message, every phone call. I have to pay it back asap and I don't know how I will be able to. It will take me years. Anyone had similar experience, I feel so let down, that I'm put into the category of 'benefit fraud' now for something they must have calculated wrong.

OP posts:
Newnamefor2021 · 30/01/2021 15:28

Cant they just take it off future payments? Thought that's what they did. I agree though, seems so unfair on people.

StellaDendrite · 30/01/2021 15:30

Did they explain why the overpayment was made?

Original poster
coffeelover3 · 30/01/2021 15:31

maybe they can do that, I think they will pay it to me though and I will have to pay it back. It's a double whammy - losing the benefit but also paying it back IUKWIM. I honestly don't know how I'm going to survive without it plus paying back money.

OP posts:
Theunamedcat · 30/01/2021 15:32

How did it happen then? Get a subject access request done first and find out what they are accusing you of failing to do because if you have done it and you can prove it they will wipe it

They told my friend they had overpaid her by about £10,000 but she could prove they had never even given her £10,000 because she kept her letters documenting every change of circumstances she made they wiped it in the end because she didn't owe it

Original poster
coffeelover3 · 30/01/2021 15:33

They said something about how they had not taken my earnings into account, that I had 'changed my circumstances'. I've queried it as I've been in the same job the whole time and have always declared my earnings to them every month and given them the payslips etc. It's the same earning every month so isn't complicated.

OP posts:
Phillipa12 · 30/01/2021 15:34

Same happened to me. As soon as I found employment I notified everybody and they told me that I would have an overpayment of income support to pay back as was too late to stop payment. Well the letter arrived about over payment and was exactly like yours, I phoned and wanted to pay it off straight away, they couldn't do that as the system had not updated itself, infact I couldn't pay it back for 10 days. The over payment letters are standard, if you manage to speak with someone they are lovely and you should ne able to set up a payment plan.

Plussizejumpsuit · 30/01/2021 15:34

I used to support people to claim benefits and deal with their finances. This used to happen all the time. Often ( well mainly actually) because they didn't process new info properly. Depending on the situation and cause eif the error it wouldn't necessarily be treated as a fraud. But yeah I agree in my experience it's normally unfair the way people are treated.

Bunnybigears · 30/01/2021 15:36

The key phrase here is 'financial hardship' and 'unaffordable' contact them abiut repayment (they will not want it in one lump sum) then if their suggested amounts aren't affordable tell them so and tell them it will cause you 'financial hardship' you will probably be able to negotiate them down to an affordable level although you have to provide a financial statement.

Original poster
coffeelover3 · 30/01/2021 15:36

I just feel like shit. I wish I never even applied for it I would be better off now.

OP posts:
Original poster
coffeelover3 · 30/01/2021 15:36

thanks for the advice everyone.

OP posts:
Guardsman18 · 30/01/2021 15:37

Please look into it as pp mentioned. I had this a few years ago. I still think they were wrong but didn't have the energy tbh.

Is it working tax credit op?

Moondust001 · 30/01/2021 15:37

The first thing to do is to speak to a local advice centre - get them to help you to check that this isn't a mistake (they happen often); and if it is correct and a mistake has been made they can help you negotiate minimal repayments until you can get into a better financial position. Don't just leave it, and don't let the DWP sort it out. They won't do anything that is in your favour!

This happened to someone I know, and they are paying it back at a few £'s a week. But only because we didn't let the DWP set the pace.

BarbaraofSeville · 30/01/2021 15:42

.I've queried it as I've been in the same job the whole time and have always declared my earnings to them every month and given them the payslips etc

If you've been entirely honest with them about your income and circumstances, then there's no case for fraud, surely?

Plus if there really has been an overpayment, then you should only pay it back at an affordable rate, even if it is £5 a month for a very long time.

Get all your letters from them together and see if you can get independent advice from CAB or money saving expert etc and also draw up a budget that demonstrates how much you can afford to pay back after you have covered all your normal expenses.

Do not be bullied into paying back money you cannot afford or they can't prove you owe them. Have they sent calculations showing now they've arrived at the £2k overpayment or said what they think you haven't told them?

Tanith · 30/01/2021 15:43

Mistakes happen more often than you'd think. Ask them exactly where the issue is so you can challenge it if it's wrong.

Even if it isn't a mistake, I think you can still ask them to take it back in instalments, not all at once. That used to be the case, though it may have changed.
If you don't get anywhere with them, and you can't pay it back, get your MP involved.

Try to ignore the bullying tone. They put that on all the letters. It's deliberately designed to scare you.

MissMarpleDarling · 30/01/2021 16:27

Overpayments happen all the time unfortunately.

whatwedontknow · 30/01/2021 16:28

Which benefit is it?

willFOURbagsbeenough · 30/01/2021 16:38

This happened to me too. It was a nightmare. They wrote saying I had received an overpayment of £X several years earlier and needed to pay it back. I was no longer in receipt of the benefit. I called and asked for details of the overpayment. They said they would pass it on to whoever was managing my case. No one got back to me. I called again, no record of my previous call. So I asked to speak to the person handling my case. No, can’t do that. So I asked them to call me urgently. No call came. I got another letter telling me I owed £Y (so a different amount!) so I wrote back asking for a breakdown of the payments made to me and the calculations used to work out my entitlement and asking how an error was made (on their part obviously as I didn’t calculate my entitlement!) got no response. Eventually got another letter stating I owed £Z amount ( a third figure!) I didn’t respond. Heard nothing more for a couple of years. I then had to apply for UC in March and in august they started deducting £100 a month off my UC for this supposed overpayment that I owe without a single person ever having to prove I owed anything or explaining how much I owe. I don’t know how long I will be losing this money from my UC.

Original poster
coffeelover3 · 30/01/2021 16:46

willfourbagsbeenough that's a horror story :(

I just feel like the security blanket has been ripped out from under me. It just really helped me, having that payment, not being so broke all the time. I just don't want to go back to that, but it will be even worse now. It's just been a relief being able to buy enough food and not have to worry so much about bills etc etc. I used to buy a packet of pasta and a tin of tomatoes to do us for dinners at the end of the month. Sorry just feeling sorry for myself and scared. I know that benefits are there to help us when we're in trouble, but honestly I wish I never heard of them and was able to just support myself and my kids and not have to rely on anyone, when they can just rip it away from you with no warning, just like that. Overpayments should be illegal. It cant be good from their point of view either, paying out money and then trying to get it back, it makes no sense and just cuases heartache plus the cost to the government must be massive. And I'm a very simple case with just one job, so I don't understand how they could make such a huge error. It's not like I was working 3 different jobs or changing different things.

OP posts:
willFOURbagsbeenough · 30/01/2021 16:53

OP! I know how you feel. It’s a horrible feeling when you have no choice but to be reliant on these incompetent services.

They really shouldn’t be able to get away with just fucking up so many payments and then just taking it back without clearly proving how it was overpaid. It’s disgraceful.

Meme69 · 30/01/2021 16:57

This happened to me 7 years ago. Kept them informed all along but they didn't process the changes. They decided I owed them nearly £10k!!!

I just set up a payment of £40 a month to the details they gave me to pay the full balance. Never heard anything again for 4 years then they decided as it would take too long to pay it back so I made it x£55 a month (so it would be paid in under 10 years, which apparently is their rule). All fine then last year they sent a letter to say I needed to fill in a statement of earnings and pay more. I've successfully ignored it so far. Fully intend to take the full 10 years to pay it back.

Annoyingly it was over paid to my ex and I (in both out names) but they are only chasing me. Hey ho, no amount of money is worth my mental health.

I also fully intend to never claim anything again.

CSIblonde · 30/01/2021 16:58

Its a pain but try not to be to uoset. Ive been overpaid & underpaid twice. They usually agreed to paying it back monthly, min £30 a month. They also have a habit of not increasing entitlement when you hit the age for an increase. I got more after a certain age but it took them a year to give me it - & the back dated amount.

Groovee · 30/01/2021 17:12

I was able to arrange a payment plan. I had been off sick with no pay, so they couldn't take what I didn't have. They did however accept the plan no problem.

Oblomov20 · 30/01/2021 17:19

WillFourBags story is very common I'm afraid.
I too had an overpayment suggested. I fought it. And got it reduced by a little bit. And agreed to a Payment plan, 3 payments.

Please from now on have a notepad and pen for only for this issue and take notes of what date you ring what time you ring who you spoke to ask for it to be recorded on your notes. and then ring again the following week.

Ask for a breakdown first. As pp suggested.

Wattonearth · 30/01/2021 17:41

Which benefit have you been overpaid?

chachaching · 30/01/2021 17:49

I was over paid child tax credit last year, when I changed my hours at work mid year and it meant I no longer qualify but had already been paid for half the year when I did, so I had to pay it back.
I was able to set up a direct debit payment each month.

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