Paying back 6 months dole?

Timex

Hi, I have recently been informed that I was not actually entitled to the jobseeker's benefit which I have been receiving over the last few months. I had been working full time over the past year and signed on when I finished my job in August of last year. I had applied for a place on a full time course in college and was awaiting acceptance. When I got accepted, I registered for the course and called in to my local social welfare office to inform them of my place in college. I told an employee and was fully expecting for him to just end my claim there and then. Instead he just handed me back my card and told me to collect payment the following week. I thought this was a bit strange until I enquired online and found out about Back To Education Allowance (BTEA)

The requirements of this are that you are over 21, had been previously signing on, and are returning to a course and institution recognized by the BTEA scheme. I had met all of these requirements and assumed that the weekly payments I was receiving were in fact the BTEA. On their site it states that persons who meet these requirements may continue to receive their job seekers benefit payments while in college. I know it sounds silly and I admit to being very irresponsible for not getting a better opinion other than just the social welfare's website, but I genuinely thought that the man in the social welfare office that day must had just switched my claim to Back to Education Allowance. I thought that it would be impossible that somebody who works for the social welfare would ignore the fact that I just told him I had registered for college and leave my claim running, after me telling him in person.

I am awaiting word back from the social welfare but it is looking like I will have to pay this money back over time in small installments. They simply won't take my word that I genuinely thought that I was entitled and I fell like the world's biggest fool for not realizing sooner. I have the right to appeal their decision also but I don't think that it will do much good as I doubt their decision will change.

Can anybody please advise?

uoluol

You would have to apply to get Back to Education Allowance. It is a separate scheme. I obviously don't know what conversation you had at the Social Welfare Office, but it does seem very strange that you weren't given an application form. I'm sure you may have read this when you were online. This has to be accompanied by a letter from your college to say that you are attending full time studies. A book allowance grant would also have been paid to you near the end of last year.

It seems that Social Welfare found out about your college studies from the listings that 3rd level colleges supply to the Department.

Did you not realise something was amiss when you didn't get your book allowance? Or that you were still required to sign on monthly? I'm not getting at you, but honestly trying to make sense of your situation.

If you are found to have been overpaid, you will probably be required to re-pay the amount back, at a mutually agreed method. You can pay it back weekly or in lump sum installments.

Timex

uoluol wrote: »

You would have to apply to get Back to Education Allowance. It is a separate scheme. I obviously don't know what conversation you had at the Social Welfare Office, but it does seem very strange that you weren't given an application form. I'm sure you may have read this when you were online. This has to be accompanied by a letter from your college to say that you are attending full time studies. A book allowance grant would also have been paid to you near the end of last year.

It seems that Social Welfare found out about your college studies from the listings that 3rd level colleges supply to the Department.

Did you not realise something was amiss when you didn't get your book allowance? Or that you were still required to sign on monthly? I'm not getting at you, but honestly trying to make sense of your situation.

If you are found to have been overpaid, you will probably be required to re-pay the amount back, at a mutually agreed method. You can pay it back weekly or in lump sum installments.

Thanks for your reply. I was under the assumption that the BTEA was the same thing as the Jobseekers benefit, only that you are obviously a full time student instead. On their site it says that individuals who are signing on may 'keep their jobseekers benefit payment' while returning to college. I am clearly guilty of being negligent here and should have known more about my supposed entitlements but I would have never kept on signing if I knew that I was not entitled all along.

I mean obviously the social welfare would catch me at some stage and I would be only prolonging a heavier punishment. I am 22 and don't want to mess up my future by getting in trouble with a government body. I totally accept that I was irresponsible not to have realized but I feel that they should take some responsibility also for letting this happen. I mean why was I only contacted yesterday? Why didn't they cancel my claim when I told them that I was now a full time registered student back in September?

I am considering speaking with my family solicitor to just get his legal opinion on where I stand. I am sure there is not much that I can do if they decide I was simply over paid and I have to pay it back but surely there can be a legal argument made for 'Mutual Mistake'. With regards to repaying the money, they said that they could come to some agreement where by I pay small amounts each week or so but that could take a long time to clear.

yabadabado

they might write off the amount you would have recieved if you had applied for BTEA.then you can repay the rest in installments (€10 a week is fairly likely amount).as for mutual mistake ,its going to be your word against the office worker,id say they will back him.surely you had some idea what was going on.

Timex

yabadabado wrote: »

they might write off the amount you would have recieved if you had applied for BTEA.then you can repay the rest in installments (€10 a week is fairly likely amount).as for mutual mistake ,its going to be your word against the office worker,id say they will back him.surely you had some idea what was going on.

To be honest, I didn't really think too much about it. I know this sounds incredibly irresponsible and it probably is but I was just managing to pay rent, and living expenses with the money and if it was to stop, I would have been screwed. In hindsight I was probably in denial and never really questioned it much. Looking at it now, it obviously seems much clearer but the damage is done and I can't see them having any sympathy. I don't expect them to just cancel out the whole over payment, but I would like to be able to come to some sort of agreement where by I might just have to pay back half or so.

DFD

is there much difference between btea and jobseekers benefit money wise.if they look at it sensibly they would have been paying you btea for the last 6 months anyway,so really all you owe them is the difference between the two which shouldn't be that much anyway.does that make sense or am i way off the mark!

jellyt

When your GIVING information like this over the counter in these places. What you need Are ... Two copies. One for you, And one for the recipient.Who may or may not be listening to you. Who may or may not Do what you ask them to do... Who may or may not ... Even Know what they are doing. You give the two copies over. You get them to sign and stamp both and then you take one back and keep it on file.

alrightcuz

you have me lost,,, firstly an honest mistake was made and you told them of the change so they new , by there law if a genuine mistake was made and the person couldn't have been expected to no, then the debt can be canceled,

secondly you lost out in money u should have got more so they owe you money not the other way around ,the bte scheme pays the full amout the js scheme is means tested so you could have been getting a reduced payment, u also lost 400 in book funds personly id be pissed and try to get the money they owe you

alrightcuz

Secondary Benefits[FONT=&quot][/FONT]
[FONT=&quot]You may keep any secondary benefits you already have such as Christmas Bonus, Fuel Allowance, Diet Supplement, Rent Supplement or Mortgage Interest Supplement* under the Supplementary Allowance Scheme.[/FONT]
[FONT=&quot]* Any increase in income may affect your Rent or Mortgage Interest Supplement.[/FONT]
[FONT=&quot]Earnings from part-time employment do not affect the basic BTEA payment. However, any income which you or your spouse or partner get[/FONT][FONT=&quot] (except the first €60.00 of weekly earnings from part-time work)[/FONT][FONT=&quot] is assessable for Rent or Mortgage Interest Supplement.[/FONT]
[FONT=&quot]Contact your Community Welfare Officer to see how your Rent or Mortgage Interest Supplement may be affected.[/FONT]
[FONT=&quot] [/FONT]
6. Can you reduce or cancel my
repayment?
We must make every effort to recover the overpayment in full.
However, we may reduce or cancel a repayment if it occurred
because:
• we failed to act, within a reasonable period, on information
that we received about you,
or
• we made a mistake (provided that you could not reasonably
be expected to have been aware of the Department’s failure
or error).
We will only consider reducing or cancelling the repayment if in
these cases we could not reasonably have expected you to know
about our error or failure.
If you consider that an error or failure of this kind has occurred in
[FONT=&quot]your case, tell us immediately.[/FONT]

Max Power1

considering the thread is from March, I'd think the OP has settled this one way or another!

alrightcuz

at the speed there working at id say his still waiting,,,:D any hows i was replying for other people who was in his situation took me ages to find that piece of info taught id share it,,, wonder how it did go?