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Thread: Benefit overpayment

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  1. #1
    Be4st's Avatar

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    Default Benefit overpayment

    DWP have been in contact with me recently saying that I owe £1020 from old social/crisis loans from 2009 - 2011. I informed them that I am currently unemployed, was kicked off my lifetime-awarded DLA (severe mental health) and have zero income so they immediately forwarded it on to CCS Collect DCA. My partner works on average 20-25 hours a week, and I stay at home looking after our daughter and I'm not that keen on my partner paying for my debts as that is the only money coming into the house and it's not a lot. She is worried that CCS will come knocking, barge their way in and start taking things that belong to her, which is more or less everything minus my PC, the car we use to get our child to school and partner to work and the few tools I used when I was working a few years back. I have already informed CCS that I suffer from severe mental health issues and I am awaiting a call from their vulnerable persons team.

    Is there anything I can tell CCS or DWP to either hold off this debt or wipe it? I have read that wiping is possible on medical grounds, but only on rare circumstances. It doesn't bother me either way, as long as I can stop them knocking. I suffer from severe anxiety and depression and recently my newly appointed psychiatrist thinks I still suffer greatly from my ADHD I had as a child which has remained un-medicated for the past 16/17 years. This will soon change once my local doctor gets the go-ahead from him to put me back on an alternative to Ritalin medication. (can't remember what he called it as my memory is uber-shocking) I am basically a hermit (unless I HAVE to go out) and hate all kinds of human interaction. Even from my own family, partner and 2 year old daughter. It varies from day to day. Sometimes I am fine and can function correctly, but an optimistic 95% of the time, I lack all motivation to even keep up with my hygiene, house work or even eat. If CCS came knocking, I would either hide away and panic until they go or if they repeatedly knock and bully their way in like some DCA do, I would be in jail by the end of the night for murder as home is the only place I can feel safe and relaxed. I don't want either thing to happen as I am currently trying to get my mental health problems in a better state to actually function as a regular human being and the stress of a DCA kicking my door in would knock me back if not make everything worse. I plan on paying it off once I go back to work, but that won't happen until I can sort out my mental health, get back on track and when my daughter starts school full time next year.

    My girlfriend wants to pay them £5 a month if they agree to it to stop any action, but I don't want her to pay for my problems. Any help you guys/gals can give would be awesome. I know I can get some info and help from CAB, but I would rather avoid getting them involved if I don't have to.

  2. #2
    warwick65's Avatar

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    Default Re: Benefit overpayment

    Hi
    First things first- no one is going to come and kick your door in

    I think it may be worth talking to national debt line because my understanding is that DWP debts can become statute barred so this may be the case for you.

    I assume you had DLA and were then 'invited' to apply for PIP , an application you failed

    Just from reading your post I can see why they may have come to the conclusion they did but first let me say i do believe the PIP claim is rigged against mental health challenges.
    You say you are unable at times to associate with even your own family and lack motivation to cook clean or eat - yet you are responsible enough to look after a two year old. If you told an assessor that , can you see why they may decide you are fit to look after yourself? Do you follow where I am going with that?

    Have you thought about reapplying for PIP - and getting help with the form
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  3. #3
    des8's Avatar

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    Default Re: Benefit overpayment

    As @warwick65 the Limitation Act says that the limitation period for social fund loans is six years, so don't be in a rush to offer them anything if you have zero income
    For social fund loans, the cause of action is when the loan becomes due for repayment.
    If the DWP tries to issue a county court claim against you and you think it is statute-barred, you can put in a defence.
    However, if you are getting ongoing benefits, the DWP may be able to take money directly from your benefit.

  4. #4
    nemesis45's Avatar

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    Default Re: Benefit overpayment

    Quote Originally Posted by des8 View Post
    As @warwick65 the Limitation Act says that the limitation period for social fund loans is six years, so don't be in a rush to offer them anything if you have zero income
    For social fund loans, the cause of action is when the loan becomes due for repayment.
    If the DWP tries to issue a county court claim against you and you think it is statute-barred, you can put in a defence.
    However, if you are getting ongoing benefits, the DWP may be able to take money directly from your benefit.
    Yes DWP overpayments do become statute barred but the Welfare Reform Act 2012 I think opened the door for such debts to literally being chased " for ever" (some variations apply) and the relevant department can and will make deductions from current And Future state benefits and may I believe initiate attachment of income deductions without recourse to a court
    I have helped some people chased for overpayments made over 25 years ago.

    The act mentioned above also allowed for private sector " partners" to be authorised to collect these debts But these DCA's cannot start court action and are carefully monitored and are subject to the provisions of The Official Secrets Act and all their " correspondence" templates are authorised by the DWP.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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