Benefits messed up, where do I stand?

[stonedecroze]

Hi guys, this is a long story, but it seems to be sorted (sort of) but just want advice on where I stand with monies paid to me.

 

As those of you who know me I work at a seasonal job and then claim guaranteed pension credits at other times.

I started working on 11 April this year, 2 weeks before I started working I informed pension service of this, expecting the credit pension to be cancelled (as had been done previously) and opened a claim for working tax credit. In mid may these started at the rate of £203 per week. Hello thinks me something wrong here as I was only expecting around £100 (including over 50`s allowance) phone DWP to query this amount, "wait until you get notification in post" they told me. This arrived 2 weeks later, I was surprised to find that I and wife were get disabled allowance, as neither of us are. Phoned them again to point out error, "thank you" they said "we will rectify this error". " weeks later I was amazed to find that payment into bank was now £235 per week, another phone call, and I was asked to wait for letter of notification again. This duly arrived 2 weeks later and I was staggered to find out that I am now severely disabled. to be honest I had not noticed the rapid decline in my "condition". another phone call to point out this error and i was told " yes, you are severely disabled. we have it all on the computer". I said can you send me a copy of this information so that I can visit my Dr. to verify this this, then I will walk into your office with his report and prove to you that I am not severely or even bloody disabled. (starting to get a bit miffed by now as bank account is growing by alarming proportions, and I dare not touch it, as somebody, sometime is going to want this money back) anyway back to story. numpty at dwp say he cannot send me this information they have about my "severe disability" because of Data Protection Act.

but it is MY information I tell him. "still cant do it cos it might be wrong" he says "might not be your information" That`s what I am trying to tell you, I tell him in words to that effect. He ends conversation. In the meantime I had visited the council offices to stop claim for council tax and housing benefit. taking all new info about earnings, tax credits etc. This is done with no problem. But I do point out that tax credits are for wrong ammount, and pension credit is still being paid albeit at a reduced rate. ( will get to this part of story later). Lady at council office is very helpful and says that she will contact someone she knows at DWP and see if she can sort it, please wait 2 weeks then get back to her. 2 weeks have now passed and a couple of days ago, I recieved another new tax credit award and guess what, that`s right, they have got it correct this time and are making a deduction from weekly payments to collect overpayment, this will leave a shortfall of £59 which they will collect from next years award.well thats good enough for me, it could be better and I could repay more to clear overpayment earlier, but seeing as how long it has taken to get this far I have no wish to start down that route. Thank you lady at council offices.

In the mean time my pension credits have still been going into my bank. I managed to get the amount lowered after 4 weeks, but pension agency wanted 4 payslips before they could stop payment. These were sent, but apparently never arrived. prob my fault, did not send them recorded delivery, (I know, stupid fool, forgot the first rule, ALWAYS GET PROOF OF|DELIVERY ) anyway got my employer to write letter on headed notepaper detailing earnings since started working, posted a copy (not original, learned from mistake) to them recorded delivery. 12 days later I recieved a checque for £200 underpayment of pension and new award of £68 per week, this taking into account correct Working Tax Credits but not my earnings. Phoned them up to be told that this award will now stop as the had just recieved details of earnings. "So what do I do with Cheque and money sitting in bank? cos you are going to want it back" says me. "cash cheque, cos if you do not they might still want the money back, even if it has not been cashed. All other money is yours as you were entitled to it." "What, even though I was working, is not that fraud?" I asked. "I doubt that we would see it like that, you have done all in your power to stop payments, It is our fault that has taken so long"

So do I keep and spend money that is sat in bank (over £1000) as advised or just leave it there for when/if they ask for it back?

 

[MilkTrayMan]

...So do I keep and spend money that is sat in bank (over £1000) as advised or just leave it there for when/if they ask for it back?

U could place it in a High Interest Account...Or buy Premium Bonds to preserve the capital.

...ANY interest or winnings would be YOURS of course...

If U think that U could either afford to pay it ALL back if demanded to, or blag ignorance enough, so as U repaid it over a period of time

...SPEND IT...

...

[stonedecroze]

U could place it in a High Interest Account...Or buy Premium Bonds to preserve the capital.

...ANY interest or winnings would be YOURS of course...

 

If U think that U could either afford to pay it ALL back if demanded to, or blag ignorance enough, so as U repaid it over a period of time

...SPEND IT...

 

 

...

 

 

I think I prefer the second suggestion part 2 MTM I am sure I could appear a bit thick if required :o:o

 

 

 

[MilkTrayMan]

I think I prefer the second suggestion part 2 MTM

That would have been MY preferred option too...

...But perhaps I may have NOT been as diligent as yourself, when informing them of their mistake when I was 'severely disabled'...:o

 

 

 

 

...I am sure I could appear a bit thick if required

To help support your case, would U like me to find U a link, to provide them with proof...if required??...

 

 

...

[stonedecroze]

 

 

 

 

To help support your case, would U like me to find U a link, to provide them with proof...if required??...

 

 

...

 

I am sure that I can mange that all by myself MTM :D:D

 

I must have posted enough of them !!

[jansus]

personally I would go for option one because when they discover their mistake they may just reduce your payments and claw it back at a time when you may really need the money. In the meantime get as much interest on it as you can in a seperate account. - you have done your bit by offering it back and telling them the truth so let them chase for it.

[stonedecroze]

Well Guys, thanks for the advice. I appear to have it all sorted now.

 

Pension credits:- They have assumed that I am paid monthly and as there were 4 weeks to go to the end of the month, there has been no overpayment as I am entitled to pension credits up until my first pay day. If there has been an overpayment it will be clawed back over the period of my next claim (if there is one). Money is not taken back immediately as this messes up the budget apparently.

 

Working Tax Credits:- This they have started to claw back at a very small deduction each week, and any remaining overpayment will be continued over to next years claim ( if there is one) otherwise it will be written off, as any bulk repayment will mess up their budget again. (and we can`t have this can we).

once again thanks for the advice, and the money IS mine to do with as I wish, another week in spain methinks. LOL

[stonedecroze]

Well here we go again, 14 months later H.M Custums and Revenue (Working Tax Credits) now are demanding repaymant of £571.83 immediately or if I ring number provided I can arrange for repayment over 12 months.

So I rang number and was informed that if I think the overpayment was a result of their error, I can appeal disputed ammount, and if successful then I do not have to repay one penny. IMHO it was deffo their error as I gave them correct information on a number of occasions. appeal form downloaded and filled in a posted recorded delivery. now waiting with bated breath.

 

[mkb]

You really have to laugh at the sheer incompetence of some

 

OF COURSE it was their error - even a blind man could see that you did everything in your power to get them to put it right!

 

I'm very interested in the 'severely disabled' bit - how is this assessed? We get WTC with a disability element but not severely even though I cannot work at all now even though my OH works. Do you have any info that might be useful on this?

 

Good luck on your appeal

[stonedecroze]

Sorry mkb, I have no idea how they decided this as I just filled in the claim forms as I normally did, some numpty at their end decided that we were severly disabled.

 

In fact it took the benefits clerk at my local council to sort ot the whole sorry mess, she was very helpful and realy genned up on benefits. Maybe you will find somebody like that at your local council. sorry not to be more help

[stonedecroze]

Well folks, reply from HMCR Customer Service & Support Group informing me of general information about overpaid tax credits guide COP26, which I already know, and also informed me of decision reached

" I have decided that the whole amount of the overpayment, £632.12, arose because we did not meet all of our responsibilities as set out in our code Of Practice 26. You do not have to repay this overpayment and I have updated our records with this decision."

And signed by a real person in ballpoint ink.

 

Another ***WON*** methinks, :D:D

Thanks guys

 

[MilkTrayMan]

Good job U're NOT an MP sc.

:D

[stonedecroze]

Then I would have "fiddled" a lot more MTM :eek: