JSA overpayment

Hi guys, no money went into my account today, so I visited the office to be hit with the hammer stating I’ve been overpaid!
My wife works part time, and up to covid, I used to give them copies of her wage slips, obviously if the amount she earned went up or down, so did my JSA.
I haven’t been asked for wage slips since then, it was discussed years back but as her wages were steady, so was my JSA
We’ve had to show income for housing benefit, and I really don’t get how this has gone on?
I’ve been forward & back looking at everything, no moneys gone in, nor will it, & my claims been suspended. I’ve been handed no paperwork, just informed I’ll be contacted to go in for interview.
I was also told no hardship payment can be made? Is this right? And while I don’t think I’ve done anything wrong, can they stop my PIP?
I appreciate any help or advice, or pointers on what I should do next.
Thank you

That's shit. And on a long Bank Holiday weekend as well when everywhere is closed!

I think your PIP will be safe. It is based on your medical needs, not income/savings.

Unfortunately, the rest of your problem is too complex for my limited knowledge of the benefits system. If none of the more learned minds of this forum can help, if you haven't done so already, benefits advice would help. What local advice services are available in your area? They're often hidden away in various community centres/groups? Citizens Advice may be of assistance, either in person or online. If the DWP haven't been asking for payslips then contact councillor/MP - you may not be in this mess if they had administered your claim properly. They represent you, and often hate public sector cock ups as much as claimants do.

I don't know if you've looked elsewhere online, but the Reddit DWP & Benefits boards are quite busy. A search of those might throw up more information that can help you.

I've just done a quick Google for Reddit DWP overpayment & plenty of threads come up. Hopefully some of those will give you some useful pointers.

I forgot to mention in my first reply, if you haven't already, go through the payslips for the period in question to see if you actually have been overpaid JSA. Another issue, is this an underhand way of forcing your JSA claim to close, and get you migrated to UC?

Funny you should mention that, as that’s what the roach said to me…. I actually MIGHT be better off on UC, but want to wait for migration.
I’ve looked on Reddit, trawling through other peoples misery is grim!
The thing is that things had actually been going quite well, even restart were on about paying for a decent course!
I’ll keep looking, my main query I guess, is are they allowed to stop all money? If they say you owe whatever, I thought there’d be a cap on what they could take back, and again, as I get a disability premium, I’m properly nose out of joint that they’ve left me penniless .

If you do owe them money they will be able to reclaim it, the only issue will be the repayment term.

If they think you have been overpaid due to your wife earning too much, I presume they argue your claim should have been closed at the point her earnings went over the JSA earnings limit. If they think the claim is no longer valid that may be the justification for stopping your money.

If they are attempting to force you onto UC they will play dirty.

I fear you have an Easter Weekend of looking on all the benefit advice websites to find the rules.

Don't know if these links will be of positive assistance. The DWP are meant to give you a written explanation for why they have made this decision.

https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/benefit-overpayments/

https://www.moneyhelper.org.uk/en/benefits/problems-with-benefits/repaying-benefit-debts

https://www.turn2us.org.uk/Benefit-guides/Benefits-Overpayment/What-is-a-Benefit-Overpayment

https://www.nationaldebtline.org/fact-sheet-library/dwp-legacy-benefit-overpayments-ew/?gclid=EAIaIQobChMIyZfktoKW_gIVDN7tCh1Z-g5yEAAYASAAEgJ3O_D_BwE

Don't know if these links will be of positive assistance. The DWP are meant to give you a written explanation for why they have made this decision.

https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/benefit-overpayments/

https://www.moneyhelper.org.uk/en/benefits/problems-with-benefits/repaying-benefit-debts

https://www.turn2us.org.uk/Benefit-guides/Benefits-Overpayment/What-is-a-Benefit-Overpayment

https://www.nationaldebtline.org/fact-sheet-library/dwp-legacy-benefit-overpayments-ew/?gclid=EAIaIQobChMIyZfktoKW_gIVDN7tCh1Z-g5yEAAYASAAEgJ3O_D_BwE

Got fibro so cant concentrate to read all but re stopping your PIP . I very much doubt that would happen as it's not means tested . Not 100% sure but I'd like to think you would still get that.
GL.

DeafBloke wrote:My wife works part time, and up to covid, I used to give them copies of her wage slips, obviously if the amount she earned went up or down, so did my JSA. I haven’t been asked for wage slips since then, it was discussed years back but as her wages were steady, so was my JSA

Are you claiming JSA in your name only? When a person claims New Style JSA, which stops after 6 months (it used to be 12 months), they don't have to declare that they have a partner nor do they have to declare what their partner earns. When NS JSA ends, they do have to declare that they have a partner and they do have to declare what their partner earns under both IB JSA rules and UC rules.

As for any "over payment" it depends how much per week your wife has been earning above the joint rate of JSA, which up to recently was £121.05 per week plus £10. Have you been getting £121.05 per week JSA for you both? If so, anything over £131.05 per week will have to be paid back.

We’ve had to show income for housing benefit, and I really don’t get how this has gone on?

The council only cares that there is a claim for benefit, not whether it's NS JSA or IB JSA. If you've been getting single JSA plus your wife's wages, all of it should have been declared to them. If you have not declared every penny then HB might come after you too, to pay back any rent overpayment.

my claims been suspended. I’ve been handed no paperwork, just informed I’ll be contacted to go in for interview. I was also told no hardship payment can be made? Is this right? And while I don’t think I’ve done anything wrong, can they stop my PIP?

The interview will be under PACE. Take a witness with you. Be prepared to be accused of benefit fraud. Admit up front that a mistake has been made. The difference between NS JSA and IB JSA is confusing. Your claim for JSA should have been a joint one at some point, but that didn't happen. This was not noticed by the DWP itself, following you giving them your wife's payslips back in the day. However, it was then up to you to declare all her earnings to the JCP and to the council no matter what sort of benefit claim you were making. Own up to the mistake and offer to pay back the money at whatever rate you can afford. You can both make a UC claim. Your JSA claim will be shut down as it was an incorrect claim. The good news though is if your wife is still working your referral to Restart was wrong, plus under UC they can't refer her to Restart as the job started before Restart came into existence.

I have to go out, but will be back later, hopefully to offer more help. In the meantime, don't panic.

Hi absolut, thank you for the reply, yes I’m on IB JSA. I was getting around £58 week. Claim is in my name only. Housing benefit is in hers. Council know what amount I was getting from benefits.
I’m trying not to panic, but even the thought of  a way off restart isn’t cheering me up!
Her wages haven’t really changed over the years, bar normal pay rise, similar to the amount of benefit rise, but I’m in a bit of limbo at the moment until I hear more.

What Absolut said about having an interview under caution is spot on. Make sure you have informed advice before and during your interview with DWP. Also, make sure they give you written reasons for the decision.

Try to find out more about repayments before you commit to a figure that could leave you short of money. According to some of those links I posted above, if you were still on IB JSA weekly repayments would be capped. UC appears to have a different repayment formula, depending on if there are earnings, whether they consider the overpayment is due to fraud.

You may also get whacked with a civil penalty charge for failing to declare a change of circumstances.

DeafBloke wrote:Hi absolut, thank you for the reply, yes I’m on IB JSA. I was getting around £58 week. Claim is in my name only. Housing benefit is in hers. Council know what amount I was getting from benefits.
I’m trying not to panic, but even the thought of  a way off restart isn’t cheering me up!
Her wages haven’t really changed over the years, bar normal pay rise, similar to the amount of benefit rise, but I’m in a bit of limbo at the moment until I hear more.

The accusation from the DWP is that you, personally, have received an overpayment of IB JSA and based on that overpayment they've suspended your claim. How much of an overpayment is dependent on what amount of money your wife has been earning which hasn't been declared to the DWP. Would there be an overpayment if you'd claimed joint UC or JSA? Only you know that.

The good news is that your PIP is a separate benefit and has nothing to do with your IB JSA claim. PIP is not means tested, so that money is not dependent on what anyone else in your house is earning.

Due to your PIP and your wife's wages (plus any savings you might have), you won't get a hardship payment under a sanction. You have to have no income at all and no savings at all to get a hardship payment.

Just an update, no invitation as yet to an interview under caution, I’m really getting the run around now off another work coach, I can hold my own in an argument, but I’m always left annoyed that I rise to the bait.
Mandated me to attend a job fair today, get there to find it’s been changed to tomorrow, went a bit mad abou5 that, it was a long old walk, & with my assistance dog also.
Also continuing pressure to apply for UC. And in a new line of attack, disability officer came over & said, you shouldn’t be on restart, I’m going to get you on work & health!
No thanks said I, I’ve only got till august, I’m not losing all the excellent progress I’ve made, & being tied down for another year!
It really feels like there’s no way out from under, I’ll freely admit I’m struggling, not only financially, but what marbles I have left are rattling, sorry to vent

Just to update. Weird outcome for me, investigation over, no fraud, they don’t want to reclaim any money, yet my money is still stopped, they say I’m not entitled to anything due to wife’s earnings, but as they’ve not changed surely that would mean I’d been overpaid! I think I’m just getting the runaround