[phpBB Debug] PHP Warning: in file [ROOT]/phpbb/session.php on line 585: sizeof(): Parameter must be an array or an object that implements Countable
[phpBB Debug] PHP Warning: in file [ROOT]/phpbb/session.php on line 641: sizeof(): Parameter must be an array or an object that implements Countable
Overpayment Appeal, now sent to a Tribuneral, pls advise us - Carers UK Forum

Overpayment Appeal, now sent to a Tribuneral, pls advise us

Share information, support and advice on all aspects of caring.
I'm sure there must be many carer's with similar experiences to our own, so please can you offer us some advice.

Here's the background...

I became my Mum's carer last December and applied for the CA. This was granted, however the DWP failed to adjust my Mum's pension credit accordingly. They continued to pay her the "Severe Disability Premium" which we now realise should have been removed once I was in receict of CA. Therefore there was an overpayment, which over the months, amounts to over £700.

The DWP finally spotted this error and contacted us requesting repayment.

I understand that under Social Security Law, an overpayment can only be reclaimed if an individual has "failed to disclose or misrepresented any material fact which led to the overpayment"

When I applied for the Carer’s Allowance, I provided full and complete details regarding myself and my Mother, for whom I am acting as a Carer, including both our National Insurance numbers. My Mother also signed my application for Carer’s Allowance. What more full disclosure can there possibly be!?

The DWP was in possession of all the facts regarding myself and my Mother, for whom I am caring, during the period of overpayment. So I assume the overpayment resulted from an official office error by the DWP for which I am not responsible.

I sent an appeal on their decision which is now going to a Tribuneral. The grounds for my appeal are that I neither failed to disclose nor misrepresented any material fact which led to the overpayment, and therefore the overpayment is not recoverable. It was the DWP's own delay or error which caused the overpayment to accumulate, for which I am not responsible.

However in their defence, the DWP now agrues that there has been a misrepresentation, since we failed to tell them that we were in receipt of the wrong extra benefit. I thought the DWP was supposed to be a computerised and unified department, where the head knew what it's ar**e was doing?

Apologies for the rant, but we now have to go in front of tribuneral.

Pls can some offer us advice, perhaps because they have been in a similar situation, about what happens next and whether we have a good case? It just all seems so unfair to persecute people who are already on a such a low income!

I would understand their argument on non-disclosure, if by a miracle my Mum had suddenly got better healthwise, gone out and started a well paid job, and not told them about her new circumstances! But this mixup is something the DWP should have control over and not be in a position to blaim us for their own incompetance!
Hi there

I've had a chat with one of our helpline advisors and they say it's too complex to reply to on the forum. They would like you to phone them as they say they may have a way to help you.

CarersLine T. 0808 808 7777 It's only open Wednesday and Thursday 10am-12pm and 2pm-4pm

You cna call before Wednesday and when you get the answerphone leave your phone number and someone will call you back. Mention that you posted on the forum and were told to call the line.

Best wishes

Matt