Civil Penalties for overpayments

[ErikaPNP]

There was talk of this happening earlier on in the year. A memo has now been released to DWP staff and I've been able to obtain a copy which is in the attachment.

 

The gist of it is that from 1st October, there is to be a civil penalty at the set amount of £50 applied to all DWP overpayments where the claimant is at fault. Local authorities can also apply the penalty for HB/CTB overpayments.

 

The relevant legislation which comes into force on 1st October 2012 can be linked to by clicking here

[sequenci]

The legislation link doesn't seem to be working

[ErikaPNP]

That's it sorted now, sequenci - my apologies, I must have mistyped the link

[sequenci]

Thanks. Very useful!

[id6052]

it will be interesting to see how harsh DMs are in applying penalties

[id6052]

i can see some LAs seeing this as an opportunity to income raise

[della2]

I wonder if the reverse will work?

 

For the DWP to pay £50 for each time that they are careless & not considering information carefully enough resulting in (a) the failure to award a benefit and/or (b) making an award for less than it is found to be due.

[osdset]

For the DWP to pay £50 for each time that they are careless & not considering information carefully enough resulting in (a) the failure to award a benefit and/or (b) making an award for less than it is found to be due.

 

Which would be fair and proper, but we are talking about the government here so fair and proper does not come into it.

[Nystagmite]

How are they going to prove that what the customer did (giving incorrect information) was done on purpose? Some people do not understand the forms / system and therefore, will make mistakes.

[osdset]

Paving the way for more of the governments free enterprise buddy's, how long before the ad's start appearing on TV 'Why run the risk of a £50 penalty? let us complete your forms for a small fee'

[estellyn]

Paving the way for more of the governments free enterprise buddy's, how long before the ad's start appearing on TV 'Why run the risk of a £50 penalty? let us complete your forms for a small fee'

 

With legal aid going, and other advice sources stressed to breaking point, I see no problem with someone experienced helping to complete forms like DLA, PIP, ESA50 for a small fee (as long as it is a small fee). Some people will be really glad of this type of service. The difficulty will be unscrupulous, inexperienced firms taking advantage for an excessive fee.

[osdset]

With legal aid going, and other advice sources stressed to breaking point, I see no problem with someone experienced helping to complete forms like DLA, PIP, ESA50 for a small fee (as long as it is a small fee). Some people will be really glad of this type of service. The difficulty will be unscrupulous, inexperienced firms taking advantage for an excessive fee.

 

Now there is an idea, seeing as those wishing to embark on self employment under Universal Cosh need to have a 'gateway' interview, using the above as a business plan should really impress HM Gov.

[Slatted]

I wonder what happens if the "helper" puts in information given by a person and that is incorrect but they do not know that? Sometimes a confused person believes things that are not true, especially those with mental health or memory issues, but anyone stressed can forget or get muddled, we are human after all.

 

Without checking all the details the risk would be borne by the "helper" if not careful...

[estellyn]

I wonder what happens if the "helper" puts in information given by a person and that is incorrect but they do not know that? Sometimes a confused person believes things that are not true, especially those with mental health or memory issues, but anyone stressed can forget or get muddled, we are human after all.

 

Without checking all the details the risk would be borne by the "helper" if not careful...

 

 

I don't know about anyone else, but when helping someone complete a form, I read back each section I write to confirm that the information is accurately recorded, the claimant then signs the form, so the responsibility is theirs. If someone seems confused to me, I always ask a family member if they are prepared to confirm the information written is correct and sign on behalf of the claimant. If someone has no family or friends and appears confused, it is then necessary to get social service involvement - if the person is too confused to help with the completion of the form, then an assessment by health/social care professional can tell me the care needs of the claimant.

 

Yes, though, if someone is filling in a form for a claimant, and filled out incorrect information for a vulnerable claimant, unable to check the form themselves, then undoubtedly they would become liable for the fine, and possibly civil action regarding the overpayment from the claimant.