Wrong Jobseekers Allowance

irelandspurs

I was Means Tested in January 2010 After coming off Jobseekers benefit,I was waiting 15 weeks to get an answer and when i did i received a letter from the lady that means tested me to say my means were 0.00 and that i was getting backdated 15 weeks.I am married and had 1 child at the time,my wife was only working part time with little pay and after all the deductions i was told i would be getting full dole for my family.

The following day i received another letter stating that my means were €260 by a different person and because of this i would only be getting a small amount,I was confused by the 2 letters so i went down to the social welfare office and they were also confused so they rang the lady who sent the second letter and she was 100% sure she had it right and was told that was what i was getting but could appeal it if i wanted.
I am not good with all this figures and stuff so i put it down to this is there job they know what there doing,so took it as was.

My wife since had another baby and after maternity i informed them she had returned to work part time so i had to send in wage slips again,I was then told i was getting hardly anything as my wife's wages were high,so i rang the lady myself and it works out she has been reading the wage slips wrong and was looking at the gross and net intake from the start of the year and averaging it out,once i pointed out her mistake she corrected it and i'm now getting what i should be since i have been on jobseekers.
My question is am i entitled to the get money back dated as if it was the other way round and i had been overpaid for that long i would have to pay it back.

And before anyone slates me,i am actively looking for a job but am either getting no response or letters saying the position has been filled and have worked since the day i left school,i am not a scrounger.

Balagan

You have to apply within 21 days of the decision but it says there are exceptional circumstances under which they would consider an appeal made later http://www.citizensinformation.ie/en/social_welfare/irish_social_welfare_system/social_welfare_appeals.html
so you certainly should appeal now. Keep copies of your letter of appeal and the conflicting letters. If you know the names of the staff who dealt with you, include them.

Lugh Ildanach

As this has been a mistake on their part, and as they have recognised it already, you should ask them about backdating it, they may do so without a formal appeal.

If they refuse to backdate it, then you can appeal that decision.

I would certainly be applying for it to be backdated OP. As you say, if they had overpaid you, you would have to repay it. I wonder how many other payslips this woman has read incorrectly. Bloody ridiculous. Also OP, has your wife taken your tax credits?

irelandspurs

Deleted User wrote: »

I would certainly be applying for it to be backdated OP. As you say, if they had overpaid you, you would have to repay it. I wonder how many other payslips this woman has read incorrectly. Bloody ridiculous. Also OP, has your wife taken your tax credits?

Yes i think she has taken tax credits,does this benefit us.It makes me angry that all along i knew it wasn't right but they kept saying it was.I do know that her wage slips are hard to read as the print on them is very faint but you can see whats what and if there was any doubt then we should have been asked to get her work to fill something out.

Sorry, no it's not that it would have any effect on the benefit, I was just thinking from your own point of view of earnings so that you were getting the most money possible.

Let us know how you get on, but certainly do follow it up.

Lisa2011

This is appauling. Staff in SW offices around the country dont kno what they are doing.

You should have been getting full payment along and since it was their mistake you should be getting a cheque for the diffference between what you got and what you should have been getting.

I had something similar but I am living with my parents and when I hit 25 their income is not taken into account by SW when decidin on a claim. Basically somebody in my local office should have been checking my records and when they saw I had hit 25 they should have automatically increased my weekly payment to the full rate but they never did. For a period of time until I found part time work I was on crap money from them and it was only a supervisor that informed me that I should have got a review when i reached 25.

Anyway I got money back dated due to their mistake so it can happen to me it can be done to you.

If you have to write a letter of complaint and demand that you get the payment back dated. You have to stand up to them or else they will walk all over you.

irelandspurs

I have rang them and she said she will get my file out and look over it,won't get my hopes up though.

Lugh Ildanach

If they didn't pay you the backdated payment, you could lodge an appeal at that stage.

The three weeks time limit runs from the date of the original decision, or from the date of any review of the decision. If they are reviewing your decision and uphold the original decision (which is unlikely given that they have admitted they were wrong), you can appeal the refusal of the review.

Your only problem is if they refuse to review the decision, and in those circumstances you can refer the matter to the Ombudsman, provided that part of the period in question was within the past 12 months. They might have refused to review the file if it had been closed already, but as you've been in payment since, the file is still open and its easy enough to review.

They know all this, and they also are happy to rectify mistakes when they become apparent.

It may take a while though, but be patient and follow the proper procedures and you should get what you're entitled to.

Lisa2011

Your not hopeful of getting your payment back dated so you can get the amount you should have been getting?

irelandspurs

Lisa2011 wrote: »

Your not hopeful of getting your payment back dated so you can get the amount you should have been getting?

I hope i get that alright.

Lisa2011

irelandspurs wrote: »

I hope i get that alright.

Well it should happen. If you show have been getting the full rate they have to give you the difference and back date it.

Your in the same position as alot of people and I honestly dont know how SW can ask people to get out and look for work .

If I am ever let go from what I am doing I have no hope for getting work or even relocating elsewhere in the country or outside it as there are people out there who have more experience than me in the jobs I can do and are more lilely to get the job ahead of me. Constant rejection is very deflating and employer are afraid to hire you as they know the job your applying for is not your preferred choice no matter how much you tell them you are eager to prove how good you can be at the job.

Godd luck with SW.Hope you get what your entitled to.

irelandspurs

Lisa2011 wrote: »

Well it should happen. If you show have been getting the full rate they have to give you the difference and back date it.

Your in the same position as alot of people and I honestly dont know how SW can ask people to get out and look for work .

If I am ever let go from what I am doing I have no hope for getting work or even relocating elsewhere in the country or outside it as there are people out there who have more experience than me in the jobs I can do and are more lilely to get the job ahead of me. Constant rejection is very deflating and employer are afraid to hire you as they know the job your applying for is not your preferred choice no matter how much you tell them you are eager to prove how good you can be at the job.

Godd luck with SW.Hope you get what your entitled to.

Tell me about it,i've applied for lots of jobs but no luck.I have been a painter and decorator since i left school in 2000 so my cv doesn't look great.I attended jobs club last year and got a good cv out of it and was hopeful of getting a job but isn't the case so far.I've even asked places if they would take me on as an intern to gain experience but even those are saying there to quite and don't have the work to show me.:(