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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:
Original poster
mieow · 15/03/2004 16:51

The lady at IB knows that i have have been trying to sort this out and she has said she will back me up if they decide that I have been frauding them (she knows me by my first name now )
Thats good to know

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Original poster
mieow · 15/03/2004 16:53

Think I'll go get a job, wasn't so hard then

OP posts:
Original poster
mieow · 15/03/2004 16:56

Oh and we get CTC because DH was working till oct..

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lou33 · 15/03/2004 17:13

Mieow, call this number 0800 882200, they are the Benefits Enquiry Line, and will work out everything you are entitled to for you. They are open mon - fri 8.30 to 6.30 and 9-1 on sats. They are very helpful.

HiddenSpirit · 15/03/2004 20:42

mieow, you have all the letters stating that it is correct & someone from IB to back you up that you have phoned. If it turns out that they eventually get their a**es in gear and see that they are in error, they cannot ask you to repay the money as it is an official error (i.e. on their part). Trust me, I know this

Can you tell me, is your DH actually receiving IB or is it just NI credits? As if this is the case then yes you will get IS as he's maybe not paid enough NI credits in the last 4 years to be paid IB (IYSWIM)

As for CTC, you can claim these whether you/your DH are working or not

Original poster
mieow · 15/03/2004 21:42

No, he is actually getting IB. We recieved a payment last week for the period of 28th Jan-9th march so I didn't know they had overpaid us until last week.

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HiddenSpirit · 15/03/2004 21:56

Then I would leave it mieow. You have done your part. You have informed them that they are overpaying you, they have told you no it's right (and sent letters to that effect). You are not paid to know how much you are entitled to, they however are

Just keep the letters in a safe place and if you do ever get a letter stating that you have been overpaid, then you can produce these letters and they CANNOT take the money from you as it is an official error. The debt has to be written off

Original poster
mieow · 15/03/2004 22:06

Thanks HS, I have been told by a few people at the DSS that they can't ask for the money back. Was very concerned as it seems DH will be off work for a further 6 months and didn't want them to turn round and say they have overpaid us and want it all back. I have done the right thing and informed them (about 5 times LOL) and they have told me that its correct so its their fault I suppose. I will put the money in a saving account and then I am covered both ways, its there if they do want it back or I'll have a healthly saving account if they decide to write off the debt (as you have pointed out)

OP posts:
HiddenSpirit · 15/03/2004 22:17

No probs mieow I've seen lots of cases where the customers "debt" is written off as it's been an official error (I work in Jobcentre Plus/DSS ) and I dare say there will be plenty more in the future

Original poster
mieow · 15/03/2004 22:24

Oh so thats how you knew!! Thought that maybe it happened to you.

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mummytojames · 15/03/2004 22:25

just been told as long as you have informed them its there own fault and they cant claim the money back because you have informed them of dates where its there job to sort it out not yours in worried contact cab and they will sort it out there and then for you

HiddenSpirit · 15/03/2004 23:40

Sorry if I misled you there mieow, didn't mean to, just not exactly the greatest job to brag about

I've just been through the opposite with IR where for some reason their system decided to pay DP £60 less in CTC this week. Then the guy told me that they also owe us £300 as from Sep-Dec last year they lost one of our children from the claim!!!!

robinw · 16/03/2004 06:59

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