Overpayment

LegacyUser

A relative was just telling me they were payed the €300 that is part of the back to ed equipment payment one week but were given it again the following week. Obviously a mistake but will the DSP come looking for it back or will they notice? Any have experience of being overpaid before and what generally happens?

mp22

Notify the dept in writing that you think you have received a over payment.Ask them what you should do next.

Keep a copy of the letter and get proof of postage in the post office for the letter you (your relative)sends.

deelite

I think if you have received an overpayment they will deduct this from you on a weekly basis at an agreed rate.

yabadabado

mp22 wrote: »

Notify the dept in writing that you think you have received a over payment.Ask them what you should do next.

Keep a copy of the letter and get proof of postage in the post office for the letter you (your relative)sends.

its a departmental error,I would notify them but I don't think they can force it be paid back.

StillWaters

yabadabado wrote: »

its a departmental error,I would notify them but I don't think they can force it be paid back.

Of course they can. Probably in one swoop too, for larger amounts a payment plan is often negotiated.

yabadabado

StillWaters wrote: »

Of course they can.

Not so sure about that.Anyone able to provide the info to show that this is the case?

mp22

http://www.welfare.ie/EN/OperationalGuidelines/Pages/codm.aspx

Section 338 of the Social Welfare (Consolidation) Act, 2005 provides that where a person has received moneys from the Department of Social Protection, which he or she was not entitled to receive, the person shall be liable to repay on demand a sum not exceeding the amount of the money received.

Gingernuts31

yabadabado wrote: »

Not so sure about that.Anyone able to provide the info to show that this is the case?

It is the case. I was overpaid by 3 days back in 2009 and they noticed it in 2011, they took 5 euro a week from my social. They did tell me in 2011 and I had paperwork to send back to tell them they could take it. I never sent it back but they still deducted it anyway when my social started up again after I became unemployed. Regardless of if its the departments mistake or not it's money the person received the money and they have to pay it back if it hasn't been paid back yet.

phonypony

If it's a case of you paying in cash at the office, be sure to keep your receipt. I had been overpaid by a few days last year, they sent out the letter asking for their money back. I paid it, got a receipt and then a week later received a letter saying as I hadn't paid I now owed twice the amount...

yabadabado

mp22 wrote: »

http://www.welfare.ie/EN/OperationalGuidelines/Pages/codm.aspx

Section 338 of the Social Welfare (Consolidation) Act, 2005 provides that where a person has received moneys from the Department of Social Protection, which he or she was not entitled to receive, the person shall be liable to repay on demand a sum not exceeding the amount of the money received.

Section 246(1) of SI 142 of 2007
Reduction or cancellation of sum to be repaid

(b) an error by the Department or the Executive,
and the person concerned could not reasonably have been expected to be aware that a failure or error had occurred.

SligoGirl77

yabadabado wrote: »

Section 246(1) of SI 142 of 2007
Reduction or cancellation of sum to be repaid

(b) an error by the Department or the Executive,
and the person concerned could not reasonably have been expected to be aware that a failure or error had occurred.

That my friend is where the argument falls down for a client trying to appeal an overpayment. An Appeals Officer, if it gets that far, will look at each particular case on its own merits and decide if the client could reasonably have expected to be aware that a failure or error had occurred.

This particular case would certainly not pass as one where "the person concerned could not reasonably have been expected to be aware that a failure or error had occurred."

yabadabado

SligoGirl77 wrote: »

That my friend is where the argument falls down for a client trying to appeal an overpayment. An Appeals Officer, if it gets that far, will look at each particular case on its own merits and decide if the client could reasonably have expected to be aware that a failure or error had occurred.

This particular case would certainly not pass as one where "the person concerned could not reasonably have been expected to be aware that a failure or error had occurred."

I know it doesnt work in this case but in some cases it can,just pointing out that its not as straightforward as some people here said.Plenty of overpayment cases get struck off.If there was any doubt the person has nothing to lose by letting it go to a full appeal or an oral hearing if they want.

mrsbyrne

yabadabado wrote: »

Not so sure about that.Anyone able to provide the info to show that this is the case?

Even when the Dept. have made huge glaring mistakes the money still has to be repaid,by the claimant, sometimes thousands and thousands of euros.
If it doesnt seem to be right, or your just not sure, check with someone in the Dept. and get written proof that it has been dealt with.

yabadabado

mrsbyrne wrote: »

Even when the Dept. have made huge glaring mistakes the money still has to be repaid,by the claimant, sometimes thousands and thousands of euros.
If it doesnt seem to be right, or your just not sure, check with someone in the Dept. and get written proof that it has been dealt with.

see above ,not always the case.overpayments can be written off in some circumstances.

whats_happenin

yabadabado wrote: »

Section 246(1) of SI 142 of 2007
Reduction or cancellation of sum to be repaid

(b) an error by the Department or the Executive,
and the person concerned could not reasonably have been expected to be aware that a failure or error had occurred.

I have a similar issue will I was waiting for fis for the first time I received full rent allowance and only had to pay 30 pw. When fis was awarded I received only the difference from my wage and the income from rent allowance wasn't calculated. Then I was advised that I owe all the rent allowance money back as fis should have not given me the full arrears by the cwo. Even tho it was not my error that I was over paid. The refund form was sent out to me and I sent it back to the cwo over 6 weeks ago and I still haven't been deducted the repayment from my fis. Am I liable to pay this money back as it was not my error

eastbono

whats_happenin wrote: »

I have a similar issue will I was waiting for fis for the first time I received full rent allowance and only had to pay 30 pw. When fis was awarded I received only the difference from my wage and the income from rent allowance wasn't calculated. Then I was advised that I owe all the rent allowance money back as fis should have not given me the full arrears by the cwo. Even tho it was not my error that I was over paid. The refund form was sent out to me and I sent it back to the cwo over 6 weeks ago and I still haven't been deducted the repayment from my fis. Am I liable to pay this money back as it was not my error

In a nutshell yes. As from what you say you would not have been entitled to the amount of rent allowance you were receiving if FIS had been in payment. FIS was obviously back dated to the date of application. You do not have to pay it all in one payment if you dont want to. You can pay perhaps €10 pw until the overpayment is paid off. Think of it as an interest free loan.

LegacyUser

Thanks for the responses. I think he'd be better off just paying it back. It seems to me that they never miss out on mistakes. (or do they?)

yabadabado

whats_happenin wrote: »

I have a similar issue will I was waiting for fis for the first time I received full rent allowance and only had to pay 30 pw. When fis was awarded I received only the difference from my wage and the income from rent allowance wasn't calculated. Then I was advised that I owe all the rent allowance money back as fis should have not given me the full arrears by the cwo. Even tho it was not my error that I was over paid. The refund form was sent out to me and I sent it back to the cwo over 6 weeks ago and I still haven't been deducted the repayment from my fis. Am I liable to pay this money back as it was not my error

Your CWO is wrong and is using outdated guidelines.
Arrears used to be held from a scheme(in this case FIS) to repay rent/mortgage payments that were paid while (FIS) was being processed.Rent is no longer a payment that arrears can be held from other schemes.It is now set up as a overpayment and must be repaid by weekly deductions/lump sum.Its not an error ,its just one payment overlaps the other and its better for you to repay weekly amounts than have some or all of your FIS arrears held.
If you have sent back all the relevent info I wouldnt worry about it,you did your part and now its up to CWO/FIS to set up the deductions.