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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Employment Law
Satisfied Customers: 33297
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my partner allegedly made a mistake on a benefits form resulting

Customer Question

my partner allegedly made a mistake on a benefits form resulting in an over payment of approx. £350. this all happened "before we met". as I now claim for her as a dependant (we are both disabled ) the benefits agency are demanding that I repay the overpayment and are to make deductions from my benefits. as we met and became a couple after this occurrence do I legally have to agree to this ( the benefit agency say I must) ?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Alice H replied 3 years ago.
My name isXXXXX and I am a Solicitor based in London. I'm happy to help with your question today.

Does your partner receive any benefits in her own right? Are they proposing to make deductions from your partners share of the benefit?
Customer: replied 3 years ago.


My partner only receives her DLA in her own right

Expert:  Alice H replied 3 years ago.
OK. So on what basis are they wanting the repayment? Are they say you received the overpayment?
Customer: replied 3 years ago.

They say she received an overpayment and as I am now claiming for her as a dependant I have to pay back the overpayment I feel this cannot be right as this happened before we met

Expert:  Ash replied 3 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return.

If the overpayment occurred before you met then you are not liable. If they try and seek the recovery you can appeal the decision that you are liable. You simply can not be liable for a debt that happened before you were even known to each other. Therefore appeal and lodge a formal appeal.

I trust this fully resolves your question and if so could I invite you to take a moment to rate my service, as your feedback is important to me. If you need further information or help then please click rely. Alex
Expert:  Clare replied 3 years ago.

Hi

For clarity

You are only liable for the overpayment if you are claiming for your partner as a dependent. - if you remove her from the claim then that is the end of that

Claire

Customer: replied 3 years ago.


even if we did not become involved till after the alleged overpayment ??

Expert:  Clare replied 3 years ago.
Hi
Whenever is happened she has to repay it from her benefits if necessary.
If you are making a claim that includes her then then she is receiving benefit via you and accordingly her debt can be deducted from it.
If you do not wish to be subject to this then you need to remove her from your claim
Claire

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