Massive overpayment of Income Support...advice needed please!!

[in-anticipation]

Re the phone calls you made, does your phone bill include an itemised call list? If so, do you still have the bills covering the time you made the call/calls you mention? If you do not have itemised billing does your phone company keep records and could they reprint your bills for the relevant period?

[MumOfTwinsPlusOne]

No itemised calls on my bill for any calls that were under 50p, I have checked my bill.

 

However, I think they will provide me with a list of all the calls I have made to any specific number showing dates and times (somebody else said that this happened to her and the company provided her with a list of calls made to a specific number for a small fee).

 

I emailed my phone provider yesterday to get the wheels in motion regarding that.

 

Am more worried now about the fact that they say they have not received my written request for an appeal (christmas post delay?) ...the deadline of 1 month has now passed.

 

Just seems to be getting worse and worse.

[jansus]

There is someone else on the forum who may be able to help . I will send them a pm

 

Jan

[MumOfTwinsPlusOne]

Thanks Jan,

 

You know when you just feel all the odds are against you!!!!

 

I am doing things wrong at every turn.

 

How can they not have received my appeal letter? aaarrgghh

 

The decision letter was dated 30th Novemeber 2009, but I only opened it on the 3rd week of december...totally my fault, as I was not staying at my house over that period and never thought to pop in and check the post...didn't think there would have been anything that urgent waiting for me.

 

Totally understand that this is an error on my part, but I still think as I posted it about 3.00pm on the 23rd dec it should have reached there by now....the royal mail website says 23rd dec = normal deliveries, 24th december = normal deliveries, with sat morning style collections, no deliveries 25/26/27/28 ...29 dec = normal deliveries and 30th dec = normal deliveries.

 

Will this been seen as a good reason for a late appeal (I mean, the fact that there have been 4 days of no deliveries since I sent the letter, not the fact that I did not open their letter til 3rd week december!).

 

God, I am boring myself now, just thinking out loud, sorry guys

[JonCris]

Thanks again Mikey.

 

Your post makes a lot of sense, and yes I will fight it........despite being torn to shreds on the other website, made to feel as though I am lying and contradicting myself (but it is quite a complicated chain of events and I am doing my utmost to remember everything in the correct order)..... and then having them telling me I am basically stuffed .

 

I will take proper advice tomorrow either from the citizens advice or welfare rights and see what happens from there.

 

At least, if they do say I have to pay it back, I will eventually have the proceeds from the sale of the property with which to pay...so in some ways I am probably in a much better position than most when this sort of thing occurs (she says, trying to think positively ).

 

Will update with any progress.

 

The 'other' website are taking drivel (would you care to name it) The fact whether you marketed the property soon enough (what ever that means & don't forget you had just lost your mother) is neither here nor there as probate can take a very long time & even if you did market it 'soon enough' who's to say it would have sold in the the climate at the time

 

The fact is you DID inform them & as so often happens they claim not to know. Send a SAR as your telephone conversation WILL have been recorded and in future put EVERYTHING in writing

 

Also as has already been advised go to your local CAB for immediate assistance

[MIKEY DABODEE]

First of all dont worry.

Mail that is sent the DWP does not got straight to the office. Its

goes via the Royal Mail sorting office, its opened date stamped and then sent to the correct department, so things can take a few days longer.

 

But you have time on your side because the offices are closed and no mail can get through anyway because of the bank holidays you have a few more days grace.

 

What you perhaps could do, have you got a copy of your appeal, first thing Monday go to the jobcentre or anywhere with a fax. Ring the debt centre ask for their fax number for their appeals department and fax them direct to them. This is important then ring them straight back to confirm receipt, get names of anyone you have spoken to.

 

Jan must know someone who is good with appeals I am sure there will be further advice.

 

With regards to your IS I think it will help your appeal if your ring the department, ask them for a copy of any decision by the DM who closed your claim. Jan suggested sending a SAR that will give you everything they have.

 

I would consider getting your MP involved and copy them in to everything you send.

 

I would consider writing a complaint about your IS closure but see CAB.

 

The full DMG is not on the internet and I cant get proof for you of the twenty six week disregard but I have seen lots of cases like yours and the disregard should have been given

Edited December 31, 2009 by MIKEY DABODEE

[MumOfTwinsPlusOne]

Again, I have made an error. I did not make a copy of the letter I sent asking to appeal. I literally put the phone down from the debt centre, wrote a 6 page letter as quick as I could and ran down the road to post it!

 

CAB are closed at the moment in my area, they are only open mon/tues/wed.

 

Will absolutely phone them on MOnday as I need assistance.

 

You have all been fantastic, thank you so much for taking the time.

[MIKEY DABODEE]

I would take the time to write doen the appeal again in as much detail as you can remember but it doesnt have to be six pages

As long as it says I want to appeal against the OP and give the dates etc,

put in the fax you have posted full details at least its registered then,

Then see if you can make your appointment with CAB

If you can get in with CAB monday then they will fax it, if you cant go to the nearest fax or Job centre

[ErikaPNP]

[/url]I don't have much time at the moment but here are the DMG's for JSA and IS: (contains all amendments up to June 2009)

 

Volume 4

Volume 5

Volume 6

Volume 7

 

Volume 5 should be the one that contains the information relevant to your query - do a search of the doc by pressing cltrl and F simutaneously and entering keywords - Mikey might be able to help too!

[MIKEY DABODEE]

Here is the regulation regarding the 26 week disregard as it stands for Income Support:

 

"26. Any premises where the claimant is taking reasonable steps to dispose of those premises, for a period

of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the

circumstances to enable him to dispose of those premises.

[JonCris]

Here is the regulation regarding the 26 week disregard as it stands for Income Support:

 

"26. Any premises where the claimant is taking reasonable steps to dispose of those premises, for a period

of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the

circumstances to enable him to dispose of those premises.

 

This rule is NOT cast in stone particularly when a bereavment is involved

 

OP please either visit CAB or your private client solicitor

[MIKEY DABODEE]

I would agree the rule is not cast in stone and a trip to the CAB or similar would always be for the best. That is what they are there for

 

The DMG is just for general guidance. Benefit rules are very complex and each case is unique and SDMs interprete these rules differently

 

The OP has had a tough time on another forum and I Hope she does get help to get this Over payment sorted out

Edited January 1, 2010 by MIKEY DABODEE

[jansus]

yes please let us know how you get on.

[MumOfTwinsPlusOne]

As much as this whole situation is making me frustrated, angry and even a little bit scared, I do realise that it is also a very interesting case.

 

Will definitely make sure I comeback to update you all, once any progress has been made either way.

 

[greendollar]

Hi, try not to worry , DWP routinely lose paperwork and neglect to send out the correct forms , as soon as can get to your local CAB and they will be able to help . It can take a long time to sort out but don't be bullied into paying for their mistakes.....

[MumOfTwinsPlusOne]

***UPDATE***

 

 

Had to resurrect this thread to post and update.

 

For everybody who advised me and help me stay calm during the storm!

 

Just to let you know that on the 21/05/2010 I received the following letter from the DWP:

 

'We have looked again at the facts and evidence we used to make our decision and looked at the points raised. As a result we have changed our decision, and have decided that the overpayment is not recoverable and you do not have to pay this back.'

 

'The appeal will not be sent to The Appeal Service as the decision has been changed in your favour.'

 

It is fantastic news, and I am just so glad that I listened to all the positive advice on here, as at one point I was ready to throw in the towel.

 

Huge thanks to all the people who followed this thread, just thought you deserved an update.

 

:) :)

[loopinlouie]

Good for you sticking to your guns xxxx

[jansus]

Wow - good news for a change

 

Well done - so pleased for you. You must be very relieved.

[MIKEY DABODEE]

well done