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Staff Issue, over payment

  • 20-09-2013 7:34am
    #1
    allibastor
    Closed Accounts Posts: 2,520 ✭✭✭


    Hi All,

    Qucik question that anyone might know to help with.

    Have a staff member who i deal with had a letter from the DSP statting she was over paid. All the forms were given correctly and truly at the required time, By me. All infomration on the forms going in were correct as i help with it.

    The payment was for back to education allowance,her parneter works bu earned about 30K a year, all this information was given over also, again I know this for certain.

    This was over a year ago, situation didnt change, but she came in yesterday with a letter from DSP to state she was over payed in error, and now they are seeking to recover the debt, The overpayment amount is 6K. They say she was put down on the full family rate for her BTEA but should not have gotten it.

    If all the forms were given correctly, and all information true, and someone in thier own office made a mistake, can they really claim the finances back. If so I fear we will lose a good employee as it really wont be worth her while to work anymore.

    Thanks


Comments

  • #2
    fl4pj4ck
    Closed Accounts Posts: 2,000 ✭✭✭fl4pj4ck


    yes they can. but she has to agree/suggest to the amount that will be taken weekly (i.e. e20)


  • #3
    allibastor
    Closed Accounts Posts: 2,520 ✭✭✭allibastor


    fl4pj4ck wrote: »
    yes they can. but she has to agree/suggest to the amount that will be taken weekly (i.e. e20)

    Thanks for the reply. Do you know how it works, IE how was thier mistake not picked up, then coming back over a year later to ask about it.

    thanks


  • #4
    fl4pj4ck
    Closed Accounts Posts: 2,000 ✭✭✭fl4pj4ck


    I don't. It happened to a friend of mine and in the letter she got they stated they will be taking e20 weekly and if she wanted to change that amount to something else. Edit: don't know the total sum she was overpaid but my guess is it wasn't as much as 6k, maybe the weekly amount depends on that.


  • #5
    allibastor
    Closed Accounts Posts: 2,520 ✭✭✭allibastor


    fl4pj4ck wrote: »
    I don't. It happened to a friend of mine and in the letter she got they stated they will be taking e20 weekly and if she wanted to change that amount to something else. Edit: don't know the total sum she was overpaid but my guess is it wasn't as much as 6k, maybe the weekly amount depends on that.

    OK, Thanks for the guidance anyway.

    I made contact with Citizens Info on her behalf, they have said it the error was on the DSP side that there is good grounds for appeal. I hope to Feck that all her paper work was in order and Nothing was wrong.


  • #6
    danjo-xx
    Registered Users, Registered Users 2 Posts: 5,395 ✭✭✭danjo-xx


    allibastor wrote: »
    Thanks for the reply. Do you know how it works,

    thanks



    Overpayments Recovery


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  • #7
    eddiehen
    Registered Users, Registered Users 2 Posts: 155 ✭✭eddiehen


    allibastor wrote: »
    OK, Thanks for the guidance anyway.

    I made contact with Citizens Info on her behalf, they have said it the error was on the DSP side that there is good grounds for appeal. I hope to Feck that all her paper work was in order and Nothing was wrong.

    I don't think she has grounds for appeal at all. The scenarios where she might have would be if an overpayment didn't actually occur, but in this case it did.

    You said you were an employer, so put yourself in that position. If you accidentally paid an employee over and above what they should receive, do you think you shouldn't be entitled to have it paid back?


  • #8
    Casey_b
    Registered Users, Registered Users 2 Posts: 5 ✭Casey_b


    The Department used to have a policy of dealing differently with an "Over issue" i.e. where there was an error made by a staff member as opposed to an "Over payment" where the client provided incorrect info when claiming. All decisions of a Deciding Officer in Dept of Social Protection are appeal-able. Register an written formal appeal against the over-payment demand, you have nothing to lose. Good luck! BC


  • #9
    sligoface
    Closed Accounts Posts: 556 ✭✭✭sligoface


    I know someone who had a similar amount that was overpaid while on btea and they were looking for 10 euro a week to pay back, they didn't appeal the decision but as they were on the dole and had no spouse or savings, they agreed to a fiver a week until the person could get a full time job and pay more. She has to agree to the amount to pay back, they cant force her to pay back an amount that she cannot afford.


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