An overpayment has resulted in a Universal Credit claimant questioning what rights they have. The Department of Work and Pensions allegedly asked for several months worth of payments to be returned due to the error.
The Reddit user said they had received nine months of Universal Credit payments, but were now being asked for the last three back. They said: “I attended all meetings, didn’t hide any information, surely it is their fault? What rights do I have and how do I appeal?”
However their fellow forum users had some bad news. One said: “Unfortunately the law says that all overpayments of Universal Credit are recoverable from the claimant, regardless of the cause of the overpayment. Assuming of course that you were in fact not eligible for the overpaid amount.”
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Another said: “Unfortunately all Universal Credit debts are recoverable, regardless of whose fault/mistake it was. If you think the decision is wrong because you weren’t overpaid (or the reasons they provide are untrue/debatable) – you can challenge that overpayment decision, first with mandatory reconsideration request, which means DWP takes another look, and if unsuccessful – by appealing to the independent tribunal. But if the reasons are valid, and you weren’t eligible for that money – overpayment is recoverable. No challenge will succeed.”
A third wrote: “Just pay it back, honestly it’s not going to end the way you want it to.”
The gov.uk website states that people must pay money back if they have been overpaid. Overpayment can occur if information given to the DWP was wrong, a change in circumstances wasn’t reported straight away, or if a mistake was made with the payment.
Those who notice an overpayment should report it by signing into their Universal Credit account or calling the Universal Credit helpline on 0800 328 5644. If the DWP notices an overpayment, the claimant will receive a letter to let them know. However if the claimant believes they were eligible for the cash, they can ask for mandatory reconsideration within a month of receiving the letter.
Those who need to make repayments who are still in receipt of benefits will see the regular amount they get reduced until they’ve paid the money back. Those who no longer receive benefits will get a letter from DWP Debt Management, explaining how to repay and manage benefit money they owe. The debt can be paid back in full or through regular monthly payments.