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overpayment of incapacity DWP


nataliewood
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Whether you have to pay it depends on what caused the overpayment. If it was caused by your failure to declare a material fact, or misrepresentation then it is recoverable, and they can chase you for it, and take you to court for it as they are still within the statue of limitations. Once the statute of limitations has expired, they can't take you to court but can write to you and can deduct it directly from any benefit you receive in the future (including state pension). If however the overpayment was the result of an error on the DWP's part, it isn't recoverable - if this is the case, then you sure can (and should) dispute it.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

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