Govt Reclaiming Money
Discussion
I've asked this on Speed, Plod & The Law but not had much of a response.
Suppose you received some money you're not entitled to from the govt, an overpayment of a benefit, or a tax rebate. What is the time limit on them claiming it back, assuming you've done nothing fraudulent to obtain the money and it's 100% their cock up.
And no, it isn't me, or anyone I know, just to settle an argument.
Suppose you received some money you're not entitled to from the govt, an overpayment of a benefit, or a tax rebate. What is the time limit on them claiming it back, assuming you've done nothing fraudulent to obtain the money and it's 100% their cock up.
And no, it isn't me, or anyone I know, just to settle an argument.
sumo69 said:
I believe under the terms of the Theft Act, you are under a direct obligation to tell them and make restitution.
David
What if you were unaware? You were receiving more benefit than you should be and you are unaware, or you're getting a benefit you don't know you are no longer entitled to.David
Or you got a tax return for more than you should, but didn't realise.
TwigtheWonderkid said:
Eric Mc said:
Forever.
No limits.
Really??? Under what legislation. There's a time limit on most finacial claims, why is it unlimited.No limits.
TwigtheWonderkid said:
sumo69 said:
I believe under the terms of the Theft Act, you are under a direct obligation to tell them and make restitution.
David
What if you were unaware? You were receiving more benefit than you should be and you are unaware, or you're getting a benefit you don't know you are no longer entitled to.David
Or you got a tax return for more than you should, but didn't realise.
Eric Mc said:
Lack of understanding of the regulations under which you pay tax or claim benefits is not a valid defence.
Although this does cry out for your representation to be using the word "reasonable" to a jury.That's assuming of course the person in question did not miscalculate the number of children they have.

This quote is taken from the Money Savings Expert forum
http://forums.moneysavingexpert.com/showthread.php...
and the Paidtoshop website
http://www.paidtoshop.co.uk/archive/index.php/t-61...
"Benefit Overpayments & Social Fund Loans
The Department for Work and Pensions (DWP) has six years to take action through the courts to recover benefit overpayments and social fund loans. This time starts running from the date of the final decision made on the overpayment and from when the social fund loan was due to be paid.
But the DWP are still allowed to make deductions from your benefit for a debt over six years old as they don't need to go to court to do this.
This applies to overpayments of benefit such as Income Support, Jobseeker's Allowance, Pension Credit, Housing Benefit, Council Tax Benefit and paying back social fund loans."
http://forums.moneysavingexpert.com/showthread.php...
and the Paidtoshop website
http://www.paidtoshop.co.uk/archive/index.php/t-61...
"Benefit Overpayments & Social Fund Loans
The Department for Work and Pensions (DWP) has six years to take action through the courts to recover benefit overpayments and social fund loans. This time starts running from the date of the final decision made on the overpayment and from when the social fund loan was due to be paid.
But the DWP are still allowed to make deductions from your benefit for a debt over six years old as they don't need to go to court to do this.
This applies to overpayments of benefit such as Income Support, Jobseeker's Allowance, Pension Credit, Housing Benefit, Council Tax Benefit and paying back social fund loans."
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