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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I receive ESA, Tax Credits and DLA. I also have a carers plan

Resolved Question:

I receive ESA, Tax Credits and DLA. I also have a carers plan of 12 hours paid for by the Social services.
I have an overpayment on my tax credits they have started deducting money from my DLA as well as my ESA. I would like to know if they are allowed to deduct money from my DLA as it is provided due to the extra costs I incur due to being ill?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know how much was the overpayment and how much are they deducting?

Customer:

Hello,

Customer:

They are stating that I owe them £20,000 I asked them for a notional overpayment decision but they said they had already deducted £3000. I had not informed them about a partner although I had informed the council and the ESA

Customer:

they are deducting £25 from my dla and £32 from my eSA

Customer:

are you there

Alex Watts :

Is this a week or fortnight?

Alex Watts :

Are there 2 overpayments one for the DWP and one for HMRC?

Customer:

a ffortnight

Customer:

dla is monthly

Customer:

esa is fortnightly

Alex Watts :

Have you appealed the decision for overpayment or do you accept it?

Customer:

i appealed but they took over eight months to get back to me. They just sent me a letter saying they were sorry for the delay it was their fault however the amount still stood. So I left it.

Alex Watts :

So you have not been to a Tribunal?

Alex Watts :

Did they give you that option?

Customer:

no

Customer:

they did not give me an option

Alex Watts :

Ok, you ALWAYS have an option to appeal, rather than review

Alex Watts :

You should do that now

Alex Watts :

You have a limited time in which to appeal

Alex Watts :

But in the meantime there is an overpayment which has stood

Alex Watts :

As such they ARE entitled to take payments from you

Customer:

I have gone over that time now it has been over six months

Alex Watts :

The benefit rules allow them to do this to reduce the overpaymebt

Alex Watts :

But unless you challenge the overpayment they can continue to take the sums

Alex Watts :

You have 12 months from date of decision to appeal.

Customer:

I am very ill and have had a lot of operations over the last two years so i have just had to accept that i have missed out on things

Alex Watts :

Even out of time

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If you have missed the deadline then sadly you do have to pay it backA

Alex Watts :

And they can take it out of your current benefit

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

They wrote to me on the 18 march 2014

Customer:

the letter i sent them to appeal ws 11 october 2013

Alex Watts :

You have until 17th March 2015 to appeal

Alex Watts :

`They should take your formal letter as time to appeal in any event

Alex Watts :

You are in time

Customer:

oh that is good so can I use my legal expense insurance i have on my house, car or with Which

Customer:

to pay for a solicitor

Alex Watts :

Yes you may be able to use that insurance

Alex Watts :

Can I clarify anything for you?

Customer:

what type of solicitor do i need

Alex Watts :

Just a civil litigation one

Customer:

oh ok that it great thank you

Alex Watts :

Can I clarify anything else for you?

Customer:

am i allowed to ask a different question which is slightly related to this issue

Alex Watts :

Not really, but if I can answer I can help

Customer:

thank you

Alex Watts :

Can I help with anything else today?

Customer:

I receive mortgage interest payment from benefits. I have a secured loan on the house and i explained my situation and they asked for my doctors letters and so on ant they accepted everything. However they kept applying default charges and other charges for about one year. Are they allowed to under theses circumstanes and can i claim them back

Alex Watts :

Who is putting the default?

Customer:

ge money the secured loan on my house

Customer:

separate to my main mortgage

Alex Watts :

Yes sadly they are allowed to

Alex Watts :

If you are in default then they can put defaults on

Alex Watts :

I am sorry

Customer:

oh ok well thank you for your help

Alex Watts :

Can I clarify anything else for you?

Customer:

no thats it thank you have a good night

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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