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Original poster

Benifits are overpaying me but won't listen.....

38 replies

mieow · 15/03/2004 15:38

I claimed Income support in Oct after DH had to leave work due to a knee injury. We were told to claim Incapity benifit at the same time and that the DSS would link the two together when it was sorted. Anyway IS was paid fine and then they informed IB that they had stopped paying DH on my claim on the 28th Jan. IB started paying DH (his NI gets paid this way, so it made sense to claim it) but my IS hasn't gone down. I have phoned up a number of times and told them they are overpaying me but they say its correct and its fine. I spoke to the Benifits helpline who have said I should be getting £3.75 in IS instead of the £68.25 I have been recieving. I am very worried about it as I don't want to get done for this when its not my fault. I have informed that DH is getting IB now and the date they started paying him but they can't seem to grasp the simple fact that they have to deduct his IB from my IS. The bloke even said he would take DH OFF my claim, therefore making me a single parent and living with someone (oh dear I think that is called FRAUD!!!) I told him NOT to do that as I didn't want to get done that way either.
Can they demand the money back if they discover they are wrong and I have been correct the whole time??? I am very worried

Ta

OP posts:
spacemonkey · 15/03/2004 15:41

mieow, yes they can. If I were you I'd put the money aside and keep hassling them. If they really insist that they are right, get it in writing from them - then you can spend the money with no worries!

JanHR · 15/03/2004 16:06

I agree with Spacemonkey, put the extra money in a different account that you cant get at. Keep pestering them though.
Definitely get it in writing. Once you have that, feel free to spend the money. If they then try to claim to back you have the letter to prove that they said you were entitled to it.

Original poster
mieow · 15/03/2004 16:09

I receieved a letter this morning saying that my recent change (dh's IB) doesn't make a difference to my Income support... so can I spend it??

OP posts:
Original poster
mieow · 15/03/2004 16:14

I have 3 letters dated from 28th Jan, 9th feb and 9 march all saying that the changes make no difference, from when IB and myself have phoned up to try and sort this out

OP posts:
spacemonkey · 15/03/2004 16:16

Not sure mieow, although you'd think the letter would be enough to get you off the hook if they decided to ask for the money back, I wouldn't be overly confident of that if it was me! Would still hassle them to double and triple check that it was all correct before spending the money I think.

noddy5 · 15/03/2004 16:16

buy some lovely shoes

JanHR · 15/03/2004 16:20

After 3 letters I would take it that is was ok to spend it.

hercules · 15/03/2004 16:21

Sorry but if you know for sure you are not entitled to it then you have no right to spend it. Yes, they are being inefficient and annoying bur that doesnt make it your money. I am not against benefits at all but you should only take what you are entitled to. Where is the money coming from after all?? If I were you I would send them a cheque with the money back but address it to someone higher up.

hercules · 15/03/2004 16:22

I would also report the person who tried to get you to claim as a single parent.

Original poster
mieow · 15/03/2004 16:27

I'm not saying I want the money, I want them to sort it out. I didn't know they were overpaying till last week when DHs first IB payment went into the bank. I have phoned them 3 times in a week and been told each time that its ok and correct, I informed IB that we are getting IS, otherwise they wouldn't have known that either. I am not a fraud and am very worried about it, but if they are saying its correct what can I really do? It could be!

OP posts:
mammya · 15/03/2004 16:29

put the money in a savings account so you earn interest until it's sorted out and you have to pay it back

spacemonkey · 15/03/2004 16:30

It could be correct mieow, I don't think hercules was having a go at you there. I would ring them again - maybe ask to speak to someone higher up this time?

Surely £68.25 IS isn't the amount you would get for 2 of you is it? Is that the amount you were getting before DH's IB started being paid?

hercules · 15/03/2004 16:30

Wasnt implying you were a fraud - sorry if it came across that way.

You are right though,you need to be sure you are'nt entitled to it first. I'm sure though that even with the letters if you werent entitled to it they would still expect it back.
It would worry me too much to spend it unless you were able to pay it back easily.

mammya · 15/03/2004 16:30

but if they've told you repeatedly you're entitled to it, and you have it in writing, then they must be right.

hercules · 15/03/2004 16:32

You would have thought so.

Original poster
mieow · 15/03/2004 16:33

The £68 is what I have always received. I have two disabled kids on higher rate DLA and a 2 year old. I am on Carers allowence and have been on it for 3 1/2 years. Appartally my NI number pulls up a huge screen with lots of allowences and its very confusing.

OP posts:
zebra · 15/03/2004 16:35

Last time we tried to update our CTC award info, the computer completely obliterated all records of our kids being in qualifying childcare for the last year and so, accordingly, we now are on record as having been overpaid £2000 this year.
SIGH. Luckily nobody is asking for it back already. I am waiting until April and our final statements of earnings this tax year to sort it out.

Original poster
mieow · 15/03/2004 16:38

this is giving me a headache

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spacemonkey · 15/03/2004 16:40

Argh, sounds v complicated mieow!

Perhaps write to them rather than ring, detailing what benefits you're receiving and specifically ask them to respond confirming whether or not their decision is correct and, if so, that you will not be asked to repay the money in the future should they change their decision?

I would want something more definite in writing from them before I felt confident enough to spend the money. If the benefits helpline is right and you're being overpaid more than £60 a week, that will soon mount up and it would be a nightmare to have to pay it all back!

Original poster
mieow · 15/03/2004 16:40

Think I'll just put the extra money into my saving account and phone again, if it IS correct then I'll have some savings

OP posts:
nutcracker · 15/03/2004 16:42

I always take what is written on my benefit letters as true, so i would of spent it by now. You have proof that they have told you it is correct so i would perhaps either spend it or put it in a seperate account whilst you sort it oit. I would definatly speak to someone higher up though.

hercules · 15/03/2004 16:45

What Spacemonkey said sounds good.

Original poster
mieow · 15/03/2004 16:47

I asked to speak to the supervisor last week, but surprise, surprise he was busy, the bloke went and asked him about my claim and came back and said it was correct and that his supervisor had said so. I have the supervisors name and the bloke who has been dealing with my claim name too.

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hercules · 15/03/2004 16:48

sounds like you've done all you can. Make sure you keep records and then spend it.

spacemonkey · 15/03/2004 16:50

I would still go an extra mile to confirm it's right before spending it. If they've made a mistake they WILL ask you to repay it - they won't care that you've made all this effort to check it out. Although I would think with 3 letters saying it's correct you'd have a good case to appeal against any demand for repayment!