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Introduction

Have you received a notification about an Income Support overpayment from the Department for Work and Pensions (DWP)? This situation can be stressful and confusing, but understanding your rights and options is crucial. In this guide, we’ll help you navigate the complexities of overpayments, from identifying potential DWP errors to exploring your repayment options. If you need assistance, Contend’s highly trained AI legal experts are here to provide guidance and support, making it easier for you to resolve your legal issues. Discover how you can take control of your situation today!

If you’ve been notified by the Department for Work and Pensions (DWP) that you’ve received an overpayment of Income Support, it can be a confusing and stressful situation. However, it’s important to know that you may have options to challenge this decision or negotiate repayment terms. Here’s a simple guide to help you navigate the process.

How can I challenge my DWP overpayment notice?

Did the DWP Make a Mistake?

First, it’s essential to check if the DWP has made a mistake in their calculations. Common errors include:

  • Assuming you live with a partner when you don’t
  • Miscalculating your earnings
  • Incorrectly reporting your savings
  • Not recognizing you as a carer when you are one

When the DWP informs you about the overpayment, they should explain why they believe it occurred. If the explanation is unclear or you can’t find the letter, you should reach out to them directly.

Contact the DWP:

  • Phone: 0800 169 0310
  • Textphone: 0800 169 0314
  • Welsh Language: 0800 328 1744

If you have difficulty hearing or speaking, you can use Relay UK or Video Relay services. For more information on these services, visit Relay UK or check out this YouTube tutorial on Video Relay.

Make sure to jot down the date, time, and the name of the representative you spoke with for your records.

Do I have grounds to dispute my overpayment notice?
Benefits: Income Support Overpayment UK: Rights, DWP Errors & Repayment

What to Do If You Believe You Were Paid the Right Amount

If you think the DWP is wrong and you were entitled to all the Income Support you received, you can request a review of their decision. This is called a “mandatory reconsideration.” You can find more details on how to request this in the DWP’s guidelines.

How do I start the mandatory reconsideration process?

Handling Overpayments Due to DWP Errors

If the overpayment was the DWP’s fault, you should not have to pay it back. This could be due to:

  • Errors in calculating your payments
  • Incorrect recording of your information
  • Failing to correct a mistake you previously reported

Review the overpayment letter carefully. Sometimes, the DWP may not require repayment if they acknowledge the mistake was theirs. If they still insist on repayment, you can challenge this decision through a mandatory reconsideration.

Be cautious if the DWP states you must repay “under common law.” This can sometimes be a misapplication of the law, so consider seeking advice from a legal professional.

Do I need to repay if the DWP made an error?

What If You Were Overpaid Because of Your Mistakes?

If you received too much Income Support because you failed to report changes in your circumstances, such as:

  • Moving in with a partner
  • Earning more money
  • Stopping your role as a carer
  • Changes in your eligibility for other benefits

It may be more challenging to contest the overpayment. However, there are still avenues to explore, and it’s advisable to seek help. Try Contend’s legal expert chat for assistance in navigating this process. Their highly trained AI legal experts will work with you to provide guidance and help you understand and resolve your legal problems.

If you cannot afford to repay the overpayment in full, you can request to pay in installments. Be sure to communicate your financial situation to the DWP.

How can I contest an Income Support overpayment?

Conclusion

Dealing with an Income Support overpayment can feel overwhelming, but you have options. Whether you believe the DWP made a mistake or you need help managing repayments, don’t hesitate to reach out for support. Contend is here to help you understand your rights and guide you through the process. Remember, you don’t have to face this alone!

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This material is for general information only and does not constitute
tax, legal or any other form of advice. You should not rely on any
information contained herein to make (or refrain from making) any
decisions. Always obtain independent, professional advice for your
own particular situation. Contend Inc is not regulated by the
Solicitors Regulation Authority.