Overpayment of wages from previous job while claiming

[Jaybee in CF]

Hi all,

 

 

This is a weird weird situation. I recently found to my delight my previous employer had overpaid salary, basically I was only due (and given) a week's notice, of which I have proof (submitted at the start of claim), and I started my claim for JSA IB and HB at THAT point, yet I now find they paid a month's notice. I was posted a payslip which shows the excess AND with it, a P45 which also erroneously shows my leaving date as if I were given a month's notice!!

 

 

So, a strange one, I think you'll agree.

 

 

I have outright proof - a letter from my employer, signed by my line manager - of the 1 week's notice. While I imagine there is little or no way for the employer to clawback the overpayment, I am concerned that :

 

1) the DWP will now want to clawback the JSA and HB payments made in respect of the excess period;

 

 

2) Despite my making my claim in all good honesty the DWP will ask whether I knew of this 'change in my circumstances', and regardless of my answer, question why I did not inform them. I have no past lack of disclosures whatsoever, but as you can imagine, I don't want an investigation in which I have to attend meetings, I already spend too much time in the JC office!

 

 

Would appreciate advice from those in the know here, thanks.

[honeybee13]

Are you sure your employer meant to pay you this money? If they didn't they could well ask for it back.

 

HB

[Jaybee in CF]

Are you sure your employer meant to pay you this money? If they didn't they could well ask for it back.

 

 

 

Possibly.

 

 

Any ideas on the OP questions, people?

[antone]

I'd think they would treat this as payment in lieu of notice and disregard it, provided that your JSA claim started after the last day that you actually worked.

 

If it's a payment made to you in error which you will be returning, it should certainly be disregarded.

[Jaybee in CF]

I'd think they would treat this as payment in lieu of notice and disregard it, provided that your JSA claim started after the last day that you actually worked.

 

 

 

 

A few grey areas here:

 

If by "actually worked" you mean - and I suspect you do - the last day I attended the office, logged in etc, then yes, it was a full week after that. If however you mean my last day of my employment, well my claim starts "FROM" then, according to the award letter. Now, 'from' could either mean it started on the last day, which could cause suspicion (even though I explicitly specified my last day of employment to the woman in the call-centre ), or the day after.

 

 

Knowing how shady the DWP are , I wouldn't put it past them to blame me for their sloppiness and attempt to accuse me of trying to reduce the initial 7 days non-payment period to 6 days.