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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70418
Experience:  Over 5 years in practice
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been asked to repay carers allowance from a 3rd April

Customer Question

been asked to repay carers allowance from a period 3rd April 2000 to January 2001 (14 years ago) I have asked my employer if I was working with them then and how much a month I earnt, this could take some time I work for surrey county council. Is this legal to ask me to repay an amount that I dispute this long after.?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

Why have you been asked to repay this please?
Customer: replied 3 years ago.

It says on the letter that I have been overpaid as I earnt too much between april 2000 to January 2001 £1332.75,


I found that I could earn £216.70 a month back in 2000 and asking my employer and bank to see how far they can go back.

Expert:  Jo C. replied 3 years ago.
Thanks.

Do you think there was an overpayment? You are anonymous on here so its safe to be clear with me.
Customer: replied 3 years ago.
Yes an overpay
Expert:  Jo C. replied 3 years ago.
Is this the first you have heard of this matter please?
Customer: replied 3 years ago.
Yes
Expert:  Jo C. replied 3 years ago.
Thank you.

The short answer is that they can ask for repayment but whether they would get it is another matter.

The fact that this is a very old matter does not mean they could not prosecute under the criminal law If they think that they can prove it.

This is a benefit overpayment rather than a breach of contract or other similar matter and so they are not subject to time barring. For that reason they could also sue in the civil courts.

They will not do that though. If you are in receipt of benefits then it is much more likely that they will just deduct from your payments.

To take any action against you, save for deductions, they would have to prove what they allege. Given that this debt is nearly 15 years old now they may have difficulty doing so. The passing of time causes evidence to be lost and memories to be affected.

In principle though, there is no reason that they could not do this although it would be hard to prove.

Sorry if this is bad news.

Can I clarify anything for you?

Jo
Jo C. and 4 other Law Specialists are ready to help you
Customer: replied 3 years ago.

They are asking me to prove that I dont, owe them, can I ask them to send me copies of the evidence that think they have?

Expert:  Jo C. replied 3 years ago.
You can do that but it won't stop enforcement.

Are you still on benefits?
Customer: replied 3 years ago.

 


 


The only benefit I get is carers allowance, I work part time 12 hours a week now.


I spoke to DWP just now and she is going to ask them to send all info they have on me at that time, as my son was only 2 in 2000 and I would have been paying more out in child care than earning.


 


I think it is very odd they would go after someone for carers allowance,


1. it isn't a replacement for a proper wage and 2, who would want to be a carer of two children with disabilities by choice or lie about it,


 


It is causing me a great deal of stress and worry.


 

Expert:  Jo C. replied 3 years ago.
They could deduct from that without reference to you.

I'm afraid that people do lie about all forms of benefits regularly.