Maternity pay reclaimed after 2-3 years. Can they? What can they do?

[Gentleness]

I worked as a teacher, qualifying for the full maternity benefits, and took them though I was pretty sure I wasn't going to go back to work after the year ran out. Maternity started in Sept 2009, lasting till Jan 2010. I submitted my resignation in Feb '10, with effect from Aug '10 as that was the end of the maternity period.

From Jan 2011 onwards, I called council HR repeatedly to ask for an exact figure of what I would have to repay. My final conversation with someone was in May '10 and I was told there didn't seem to be any need to repay. I challenged this and was told that maybe because I'd overpaid taxes due to not earning for 1/3 of the year, that was cancelling out what I owed. I repeated my concern that I wanted to know this for sure and she said she'd call me back that day after checking. She didn't call back. A couple of weeks later I called again and said I'd like the conclusion of what I owed or didn't owe in writing please. Nothing came.

In visits back to work I let them know that no reclaim had been made, that I was worried about it but had been told it was fine. The bursar asked her contact in HR about it even - still nothing came to me.

Today - so more than 2 years later - I got a letter saying they are going to invoice me for £2200. When I called of course everyone had gone home, though I spoke to someone in a related department who is passing on my name, number and concerns. She was very kind, bless her, as I was clearly upset, frustrated and cross that the letter didn't give any indication of payment arrangements etc, just you will be invoiced and can call this number.

So, if you survived that vent, any ideas on what they will do? Can they chase me for this money 2 years later? How forceful will they get and how flexible can they be in arranging repaying? I'm a SAHM now, pregnant with #3 and no intention of working for another year after that birth at least, so not till Jan 2014.

If I owe it fair and square, I will find it of course, at the expense of my family. It just seems so harsh that I was told it was sorted. I actually kept what I thought it would be (£2800) to one side for another year after being told it was sorted, just in case. Then we decided to use it to overpay the mortgage. So I can't get it hoiked out of there. I'm so stressed by this letter. We should already have left on a weeks holiday, long overdue, but I've been trying to find out information. I'm hardly going to be able to relax now, or want to spend on any treats.

Firstly try to put this to the back of your mind whilst on holiday and then when you get back call CAB to see if they can help. I also suggest posting this on money saving expert under the employment section, people are ever so helpful and seem to know so much about these types of things.

I can't answer your question but I can tell you that my Dad worked in the prison service for 40+ years of his life. One year he was over paid his salary for three or four months in a row. He told them, he told his boss, payroll, by phone and in writing and told them to take it back. They said there must be some sort of mistake and they'd look into it. However they didn't and then one day, I think about a year and a half later they asked for it back. Having previously kept it aside he'd spent it so he told them confidently that it was too late for them to claim it back and that was the end of it.

I have no idea if there is a year cut off for this type of thing or not, or if my Dad was just bluffing them. If you don't have any luck and no one else can help I'm quite happy to ask him about it in a bit more detail but I can't promise that what happens in the prison service is the same as schools. However I would have thought there was a law on how long employers can claim money back for.

www.worksmart.org.uk/rights/do_i_have_to_repay_my_maternity

The first thing to say is that the council, as a public body, have no option but to pursue the money. What I recommend you do is write a letter, setting out the timeline, to the Chief Executive. He or she won't get involved but it will be passed to the person most accountable for your problem. That person might well have the authority to use discretion under the circumstances, but please do not get your hopes up.

Secondly, do get in touch with the teachers union if you are still a member, they may be able to help.

If you do have to repay it is more than likely that you will be able to agree a repayment period. Be bold about the number of months you are happy to go over. They will want it sorted by the end of the financial year but given the circumstances, they may be able to be flexible.

Good luck.

www.payroll-services-centre.co.uk/payroll-resources/your-payroll-questions-answered/overpayment-of-wages/

I've seen on a couple of websites now including [http://www.payroll-help.com/faq/deduction-of-wage-overpayment/ this one] that it if you have left the company it comes down to what is said in your contract. Obviously you know what was said in your contract, your problem is human error. Do you have any dates/times in which you contacted them originally or even better who you spoke to? Everything I have read says to take legal advice or contact CAB so that's what I suggest you do. I did read somewhere that if your position has changed and it will cause you hardship then they may have difficulty making a claim - in your case you're now a SAHM about to have another baby. Definitely seek advice.

Apologies for the numerous posts, last one...[http://forums.moneysavingexpert.com/showthread.php?t=2126863 this site] (although the situation is different) says that they can claim for up to 6 years later.

Llareggub is right - even if you do owe it fair and square, you took every reasonable step to try to repay it within a reasonable time, kept the money aside for a reasonable time, and behaved properly at all times. After that length of time elapsed with no communication it was fine to assume that was the end of it and spend the money.

You should set out the timeline as you have here, you don't have to say what you spent the money on just state simply that after a year elapsed from when you were told it was all sorted, the money has been spent and you do not consider it fair or reasonable to demand repayment this far on as you acted in good faith throughout and do not have the means to repay now.

The likely outcome will be that eventually they will agree to a lower repayment as a goodwill gesture, repaid in small installments. However, it's worth pushing for them to write it off entirely as a goodwill gesture.

If they don't seem to be budging, this would be a good issue for the "money problem pages" of newspapers to take up (e.g. back page of saturday guardian money but other newspapers have equivalents) - they love a story with "human interest" value and will fight your corner for you for the sake of a happy ending.

Start with the thought you want it written off, and take it from there. I've known overpayments of salary to be written off after a period of a few years elapsed
Were you in a union when on mat leave? Maybe they can help now?

Start with the thought you want it written off, and take it from there. I've known overpayments of salary to be written off after a period of a few years elapsed
Were you in a union when on mat leave? Maybe they can help now?

Agree with headsshoulders - it is totally unreasonable of them to expect such a significant sum in one go so long after. I would dispute in exactly the way she describes