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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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My huband has been sent a letter from the Dwp requesting a

Resolved Question:

my huband has been sent a letter from the Dwp requesting a repayment from 2000 - 2001. Does the statute of limitations apply to DLA overpayments?
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you today. Was there an allegation or investigation of benefit fraud?
Customer: replied 1 year ago.
Not to my knowledge. My husband was with his ex-wife at that time and she was responsible for applying for the DLA. We have never had any notification of an investigation and we have been together for 14 years.
Expert:  Alice H replied 1 year ago.
No problem. DWP overpayments are a debt. As such the Statute of Limitations Act does apply to recovery through the courts. The statute of limitations applies from the date on which the cause of action arose. The cause of action is usually the date on which the DWP became aware of the overpayment or a final decision was made. The time limit for commencing court proceedings is 6 years from that date. Therefore, if six years have passed since the cause of action arose then court proceedings cannot usually be started to recover the debt. However, there is no time limit for recovering the overpaid benefit through deductions directly from the current benefits. To do this the DWP does not have to go to court - they can make deductions at the source i.e. the benefit currently being paid - they do not have to go to court to do this. DWP has to ensure that a minimum amount is allowed for living expenses. If you are unhappy with the deductions etc you can appeal and go to the Benefit Tribunal for a decision. Alice
Customer: replied 1 year ago.
My husband works and does not receive any benefits. We do however receive tax credits. Do they apply?
Expert:  Alice H replied 1 year ago.
No, the overpayments cannot be deducted from tax credits as they are covered by HMRC and not DWP. So the only way to recover the debt is either by you making voluntary payments or if the DWP decide to start collection through the courts - if they go to court you might be able to argue that the debt is statute barred but would have to look at the dates obviously of when the cause of action arose.
Customer: replied 1 year ago.
Thank you for your help.
Expert:  Alice H replied 1 year ago.
My pleasure. Please remember to take a moment to rate my answer so that I am paid for my time. All the best, Alice.
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