job seekers benefit overpayment

jj2008

Hi there

In a bit of a pickle and would really appreciate some advice.( long q though)

I was doing a degree course that lasts 4 years and for my final year (2007-2008) the first half was work placement and the second was lectures.
I started my placement early, in june '07 and it lasted til end of september '07. (had already registered for last year of college)
By the end of the placement i already hated it and said i'd pack in college and look for a jobs so signed onto benefit end of oct '07.

I never called the college to say that i wasn't returning at the end of Jan '08.

In march '08 still was unemployed so i was considering returning for last month of college and finishing exams so i'd have at least a degree.A week later got a letter to attend social welfare for a meeting.
I rang them and basically it came to their attention that i was registered at the college and they wanted a letter to confirm i hadn't returned.

As i was thinking of going back i just signed off end of march '08 and returned to college.

I signed back on at the middle of june as i finished and was looking for work.
Got a letter last week for a meeting and went in today.Basically they want to recover the money as an overpayment, nearly €3,000!!!

I told her everything that i posted here but she said unless i have documentary evidence that i would have to pay it back in increments.
Have no evidence that i can think of cos i was still registered and didn't inform the college i wasn't returning.

What shall i do?? i really can't afford to pay it back and thinks its unfair to do so.
I would compromise and pay back from end of jan '08-end of march '08 as that was the official lectures term for that year.

Would this really go to court if i didn't repay it?? thanks

Nolanger

They should not have put you into payment without a letter from college stating you dropped out. Also, they should have sent a form to the college to get their side of the story.
You could always say that you intend signing back on later this year and would be happy to have your weekly Benefit payment reduced to help pay back the debt.

jj2008

Nolanger wrote: »

They should not have put you into payment without a letter from college stating you dropped out. Also, they should have sent a form to the college to get their side of the story.
You could always say that you intend signing back on later this year and would be happy to have your weekly Benefit payment reduced to help pay back the debt.

hey thanks for reply

Ya that had information from my college on the duration of the course and i was registered. (which i was but didn't attend). So they said that unless i can get further evidence to back up this, i will have to pay the overpayment.

They are no role being taken either in the college!!since i technically missed only two months of lectures i probably wasn't really noticed missing.

She suggested €20 a week from the job benefit i will probablay qualify for. But i'll be paying it back for ages.
I was thinking if i make a compromise and attach an email from my lecturing stating when lectures recommenced at end of jan '08
, and printout of my last years breakdown from college website & and that i will repay from then till end of march '08. as thats the only evidence i have??

googolplex

The way they're cutting back now I'd say you'll have difficulties getting any flexibility from them.

tomred1

Did you tell social welfare that you dropped out of college when you made the claim? If not you committeed fraud.If you told them you were finished college they should of asked for a letter from your college. They might prosecute you if you don't agree to the overpayment.

jj2008

tomred1 wrote: »

Did you tell social welfare that you dropped out of college when you made the claim? If not you committeed fraud.If you told them you were finished college they should of asked for a letter from your college. They might prosecute you if you don't agree to the overpayment.

Ya i told them that i dropped out from college when i applied for the dole and they never asked for a letter stating when i finished. so thats a fault on their part. i really hope that they'll agree to me paying back just for the lecture term which works out as half the overpayment.

I am due back pay frm my current benefit claim which works out at about €1000. so they can take that plus repayments from my benefit, but i do think that to pay the full amount is unfair. do you think they would agree? cos for them to pursue the full amount would cost them time and money (admin costs etc) ?? thanks

popebenny16

your problems all are when you decided to sign off instead of getting the letter from the college.

I'm sure they'll come to some settlement with you, as if they went as far as court there is enough in your favour to show that you were being honest and looking for work. you'd need the usual letters looking for work, cv, and anything your friends and family can do for you by way of evidence, but you could still end up with a conviction.

against you is the fact that they never told the college you left, you attended just enough lectures to get through and you got your degree.

how are you entitled to €1000 back money by the way?

I'd be rushing to settle if i was you.

jj2008

popebenny16 wrote: »

how are you entitled to €1000 back money by the way?

I'd be rushing to settle if i was you.

hey sorry was away over the weekend. thanks for reply. I'm entitled to roughly €1000 backpay because i signed on again for job benefit in june and still haven't gotten it yet. (had to supply letter from college of last date of exams).
They only pursued this overpayment because i signed back on..typical.

Do you think they would settle as going to court seems extreme for the amount? & i have records of looking for work around the time i first signed on, which i showed them at the time.

popebenny16

I think they would, and it would avoid you getting a record. As a criminal offence they have to prove beyond resonable doubt that you claimed fraudulently but that would be up to you and your professional advisors to make a call on.

You should go to your solicitor or indeed to the local FLAC (Free Legal Advice Centre) for info.

I think that Coolock Community Law Centre used to take causes like yours on.

Thing is, and this is as much form experiance as anything else, District Court Judges are a varied lot. One is as much as likely to accept your story as they next one isnt. Dont take a gamble.