benefit overpayment

[averil]

I had capital of �8500 which i failed to declare to the benefits agency for two claims that i made. One period of the claim was for twenty weeks and i received �1020 overpaid. The next claim was for 15 weeks and was for �805. I am arguing with the benefits agency to say that as i have been overpaid on the first claim and am willing to pay that back out of my capital this would have reduced my capital to �7480 and so should not have reduced ny next claim to nil as i would have had to live on my capital. The next overpayment should only been based on the capital tariff that should have been taken off, I have read about composite overpayments and diminishing capital calculations but i am no wiser. The break in the claims was only a matter of months .Can anyone advise or offer some recommendations of where i could look?

[DONNAKEBABUK]

Phone the BA and ask to speak with their Legal Department or write to them asking them for an explanation.

Unfortunately, it may very well baffle them as I suspect they will not know themselves. I am sure that several in trays down the line though, you might get some kind of answer. If you do not feel that it is the right one, question that too ! (you will drive them round the bend but hey hoe, this is valuable money we are talking about here!)

I had a similar experience a number of years ago with Housing Benefit but I conquered them without a Law Degree in the end, basically just by using common sense as it appears that you have lots of.

Good Luck.

Katie. x

[kempie]

This sounds strange to me.

To clarify, you have twice committed fraud (indirectly against all taxpayers) and yet have the temerity to argue the size of the ill-gotten gains you should be allowed to retain.

Surely you should not be able to retain any of the falsely claimed benefits. In addition you should be facing the fine and/or imprisonment commensurate with this crime.

How is your property management enterprise progressing?

http://www.theanswerbank.co.uk/Business-and-Fi nance/Question420407.html

[THECORBYLOON]

The awards were based upon the savings declared when the claims were made. IF you had owned up to the lie after the first claim, yir savings would have decreased.

Firstly, however, YOU DID NOT OWN UP. Secondly, the balance would have decreased to �7480 only if the overpayment had been repaid in a lump sum and not as is usually the case, in instalments, so the balance would still have been too high.

The truth of the matter is you have obtained �1825 of taxpayers� money by making not one but TWO false declarations and you are dragging it out in an attempt to delay the inevitable.

[daffy654]

Fess up and pay what you owe,it will only go against you if you try to argue the case.You could end up with a prison term.

[persianlady]

You should pay up and thank your lucky stars that you are not being prosecuted for benefit fraud. Shame on you!

[New Judge]

Yes I agree that your argument is flawed.

At the time you made the second claim you knew (or should have known) how much capital you had. You made a false declaration on the basis of that information and so any sums paid under the second claim are due to be refunded.

Your argument suggests that it is the Benefit Agency's fault for failing to detect your first false declaration. This is clearly nonsense and I would not advise you pursue that line of argument as it will be quickly dismissed.

[terence7556]

are you an M.P. by any chance , because you are not short of nerve

[averil]

Well once again thanks to the people who actually took the time to anwer the question. Just to update you all i received a letter from the Benefits Agency this morning after submitting a reconsideration request and it has stated that as the benefit was contributory Jobseekers Allowance you are able to hold any amount of capital and they sent me a copy of my application form and as i ticked that i was only wanting to claim contribution based benefit you do not even have to answer the means tested questions so i have done nothing illegal.Apparently after 26 weeks of contributory benefit you must claim "means tested" and they paid me that in error as i never ticked that i wanted to claim this. They also answer the point that i posted last night and the fact is that capital can be reduced by the amount of the overapyment but it is not done as a matter of course and it is something that you have to request by a reconsideration. They enclosed a girocheque for the full overpayment that i had repaid and apologised for the inconvenience. Just glad it all over now and put cheque in bank first thing Monday.Update on Property Management is that house sale went through no problem and just gave him a loan of the money and he paying me back every month so it saved a lot of hassle in the end, plus at least when he sells the house in the future i know that all the money that i lend him will be repaid. Thanks all who accused me of being benefit cheat i can understand your reasons but just glad my present job (not quite the MP) is relatively safe and secure for a few years as now working for myself and work flooding in, so no more benefit claims for me.