DWP payments in error - do I have to repay

[zookeeper]

About four weeks ago I noticed that DWP had crediting my bank account with 2 weekly payments of £37.50. I assumed that the DLA claim for my daughter had been successful and although I had been expecting nearer twenty pounds a week assumed that these were initial payments which were more than usual to take into account the time that it had taken to process the claim.

I phoned the DWP this week and my application has never been received! I told the DWP that I was receiving these payments - they said I wasn't on their system and eventually gave me an address to write to to say I thought an error had been made.

I've looked through my statements tonight - the payments go back four months and total over £500. I honestly hadn't noticed them. I feel sick.

Does anyone know what this benefit is and suggest how I approach this? Obviously I would love not to pay any back but in all conscience I know I should. I can't do it in a lump sum.

I know it's not my money but am angry that the DWP has effectively put me in this position through their error

What is the payment reference on your bank statement? Should be your NI number then some initials to tell you what sort of benefit it is. Hopefully it's something that was meant to be paid to you, however as for not paying it back I'm unsure, I'd assume you will have to but I'm no expert on that side of things!

Thanks for answering. there's no reference; it just says DWP. I'll phone the bank tomorrow

i would think you would have to pay back imo if its an overpayment i hope its not tho

Yes you have to pay it back

yes you have to pay it back. I am in the middle of paying back thousands to them

thousands??? OMG why is that?

Actually, certain overpayments do not have to be paid back, if it was caused by the DWP's own error. See the CPAG advice on this issue.

"This means that if overpayments are caused by the DWP?s own error the Department cannot recover them by suing at common law in the county courts. Claimants who have been overpaid as a result of the DWP?s own errors can choose to repay voluntarily if they wish to."

Was the number you called, the disability and carer's benefit line (0800 88 22 00)? Claims for DLA are treated separately from the usual DWP (income support, jsa etc) so could it be that your payment is actually from DLA but the DWP office hasn't received notification yet? If it's a DLA payment, it should appear as '(your daughter's NI number) DWP DLA' in your bank statement. Other benefits paid in will have a different reference, eg CA for Carer's Allowance, IS for income support etc.

If the payment was from DLA, you should have received a letter telling you that the claim was successful - but these can sometimes go missing in the post.

Get advice from your CAB or other local advice centre to chase up the DLA claim. It's not unusual for DLA claims to 'disappear' but if you have an advocate helping you trace it, it's more likely to be found.