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Thread: DLA Overpaymets

  1. #1
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    DLA Overpaymets

    Can any one explain this sentence.
    " The total due may include an amount that has been paid in error which is not recoverable under Social Security Law, but we are asking for this back because you were not entitled to receive it."
    In the column DLA paid in error is says £0 therefore I'm assuming this means that they are not asking for money paid in error. This goes back over 7 years ago and the person involved has no idea if they were overpayed or not at that time and despite calls to DLA they are unable or unwilling to give details of how they have come to this decision. They did ask for a statement of when these "overpayments" were made and into what account but they have received nothing.

  2. #2
    davewhit
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    Quote Originally Posted by wobble1 View Post
    Can any one explain this sentence.
    " The total due may include an amount that has been paid in error which is not recoverable under Social Security Law, but we are asking for this back because you were not entitled to receive it."
    In the column DLA paid in error is says £0 therefore I'm assuming this means that they are not asking for money paid in error. This goes back over 7 years ago and the person involved has no idea if they were overpayed or not at that time and despite calls to DLA they are unable or unwilling to give details of how they have come to this decision. They did ask for a statement of when these "overpayments" were made and into what account but they have received nothing.
    there has been a court case that the dwp lost regards certain over payments .... it ended with them being told some could not be recovered but they could ask for the money back as iot had been paid in error do a google

  3. #3
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    Thanks DW,
    Done a Google and it's all too complex for me so advised them to get legal advice.
    It is the time, 7 years, that is the problem as there is no way the claimant can remember that far back and there are no bank records going back that far they can check. Therefore it seems there is no way of checking the DWPs figures even though they were asked to send details.
    The other problem is that the amount owed makes it borderline as to the whether the cost, aggrovation and grief is worthwhile, which is wrong as they may end up paying for a DWP error, not theirs.

  4. #4
    Senior Member Stig's Avatar
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    Over 7 years is that not statute barred then or does statute barring not cover money owed to the government

  5. #5
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    Quote Originally Posted by Stig View Post
    Over 7 years is that not statute barred then or does statute barring not cover money owed to the government
    Never heard of this stig. I will google it today, thanks for the info.
    It's all very DWP, they say the money is owed but give no details of how they came to that decision.

  6. #6
    davewhit
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    Quote Originally Posted by Stig View Post
    Over 7 years is that not statute barred then or does statute barring not cover money owed to the government
    that only counts if there has been no contact between both parties if they have made any contact ie payments to you...........or if you have filled in any forms then there has been contact. you need to have broken contact compleatly

  7. #7
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    Quote Originally Posted by davewhit View Post
    that only counts if there has been no contact between both parties if they have made any contact ie payments to you...........or if you have filled in any forms then there has been contact. you need to have broken contact compleatly
    Stig,
    You are right, it is 6 years and only if as DW says no contact.
    There seems to be a split opinion on whether statute barred applies to the government though, some say yes others no.
    Thanks for that great info, I have passed it on.

  8. #8
    Senior Member Stig's Avatar
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    Quote Originally Posted by davewhit View Post
    that only counts if there has been no contact between both parties if they have made any contact ie payments to you...........or if you have filled in any forms then there has been contact. you need to have broken contact compleatly
    As long as you have not acknowledged the debt in writing or paid any of the debt back . Contact does not have to have been broken at all it is the acknowledgement of the debt that is key to statute barring ( see below )

    IHTM28384 - Law relating to debts: statute-barred debts
    If a lender allows time to pass without receiving any payment an action for recovery may become barred.

    Under the Limitations Act 1980 the time limits are

    in simple contracts, 6 years
    in contracts under seal, 12 years.
    If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

    Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.

  9. #9
    Senior Member RaeUK's Avatar
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    I don't know about DLA, I must presume it is so, but no Government paid benefit is statute barred. Any overpayment can be recovered at any time irrespective of time elapsed. Even if that means waiting a couple of decades and deducting it from your state pension or pension credit. Benefits are not a debt and not loan. I can't recite the legal bits for you, but if you have any doubt then I'm happy to toddle off back to another benefits forum I'm very active on and dig out the relevant links ...

    EDIT: Having done a quick read around, the above is the simple version! It is far more complex than that with some being recoverable as I've stated, some not - this being, I understand, some disability benefits so might include DLA. If the DWP used Debt Collecters the latter would be subject to the time limit but the debt might not be. Whilst liability orders can't be gained after six years some debts can still be recovered, ie Housing benefit overpayments. All in all, it's complicated. And for that reason, I'm out.
    Last edited by RaeUK; 11-09-12 at 18:39.

  10. #10
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    Ditto. Way to complex.

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