DWP – overpayment of a deduction?

DWP – overpayment of a deduction?

11:43 AM, 12th August 2021, About 4 months ago 21

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Despite letting UC know (though the official form) that the tenant has now paid back in full her rent arrears, I have since been paid directly another deducted payment. I am assuming that at some point DWP will realise this and ask for it back as it classes as an overpayment, but the tenant says the DWP has said it is between the Landlord and tenant to sort out.

Who is right?

If I pay the tenant the overpayment, am I then at risk of the DWP clawing it back from me?

Or do I have to wait for DWP to request it back and send it to them?

Many thanks

DSR



Comments

by Bill irvine

13:38 PM, 13th August 2021, About 4 months ago

Hi Mick

Given what you’ve been experiencing, these past few years with DWP, I understand your frustration, but it’s always more productive if you simply stick to the facts.

Bill

by DSR

15:01 PM, 13th August 2021, About 4 months ago

Reply to the comment left by Mick Roberts at 13/08/2021 - 13:07
This will blow your mind Mick... sent ema email to Partnership Manager, had a reply within AN HOUR saying they would investigate the overpayment and cancel the TPD.
Just had an email response...

DWP West Midlands Group Employer & Partnership Team
14:57 (0 minutes ago)
to me

Thank you for the additional information, I have passed your enquiry on to the Birmingham housing team, who will be in touch with you directly to let you know that the arrears deduction has been cancelled and what to do with the overpayment.

Miracles??????

by Robert Mellors

15:13 PM, 13th August 2021, About 4 months ago

We have an overpayment of UC from about 3 years ago, we sent loads of emails and letters to the DWP advising them of this, but all correspondence was ignored. We've put the money into a "suspense account" so that it does not mess up the annual accounts, and every 6 months or so notify the DWP again. - We still await instructions from UC/DWP as to how to return this overpayment back to them, but as Mick has pointed out, UC usually just ignore all correspondence from private landlords.

by Mick Roberts

16:06 PM, 13th August 2021, About 4 months ago

Reply to the comment left by DSR at 13/08/2021 - 15:01
Wow brilliant.

This is what will solve homeless, make Landlords start accepting UC, save £ billions. Just talk to us & give us email access. U ignore us, the very important Landlord who houses the tenant, u hurt the tenant much more.

Let's hope more follow yours. I get abusive cause there is only so much of 2 years being ignored u can take.

Yes Rob, as soon as u say I'm Landlord, u hear the silence. Oh you're the scum of the earth, we not talking to u. Why oh Why they won't copy what HD did years ago & saw the time & money saving by giving em email access is bonkers. HB can tell them it works. I've even got normal (not my usual high up contact) HB staff emailing me now for an answer & it don't half speed their time up too.

by Jonathan Clarke

4:32 AM, 18th August 2021, About 4 months ago

One of my UC tenants has ducked and dived me for years . Lots of social problems in their life, She is embarrassed and ashamed she tells me of her situation and her inability to get her life back on track. . Been with me over 10 years .
The DWP made it far worse when they could easily have made it better . They failed her and me through their total lack of communication .
I stuck by my tenant through the pandemic even though rent was very patchy . She was silently crying out for help from me and the DWP
The other day DWP sent them some literature about `solution focused techniques`. The change in her was remarkable . They began answering my emails and arranging a payment plan. That's all I had wanted . Communication and clarity . Result .
I start getting paid so no eviction .
It really isn't that hard to solve
I just wish DWP would read and absorb their own literature that they send out, then I would get along with them much better
`Solution focused techniques` sounds fancy
or in plain speak its called - Answering an email

by Mick Roberts

5:50 AM, 18th August 2021, About 4 months ago

Reply to the comment left by Jonathan Clarke at 18/08/2021 - 04:32That's it Jonathan,
Tenants have problems and as u say The DWP made it far worse when they could easily have made it better . They failed her and me through their total lack of communication
I've had two minor UC problems last 2 weeks. UC could have solved instantly with replying appropriately & correctly first time. I whatsapp my tenants the exact text to put on their journal. UC know this is my words & even delay the tenants payments. They don't get it, they making the tenants live's worse. I've started to put the below on a lot of my letters to the UC involved people to get them to see sense.
We could do with them Solution focused techniques put around Nottingham & whole of UC.
I further add & will have to put this note in all my correspondence to UC DWP staff that make it awkward for Landlord:
I shall put this on every letter at the beginning.
Every time u make it awkward for Landlord or refuse or delay a case for whatever reason or delay a case-As u do- U ultimately make a few more Benefit tenants homeless. That's the crux of it. No justice in these cases results in less houses for Benefit tenants. And then rents become extortionate as remaining Landlords can choose who they like.
I know this as I wish to pack up and my tenants can't get anywhere any more.
Don’t refuse this case cause u want to make it awkward for me. I will be alright, I will still have home with gas & electric, I will still be able to go away & eat. But u refusing these cases, the person u really hurt is the tenant. U have no idea how bad it is out there for them at moment because of your failure to act appropriately.
U actually making me better off as no voids, no tenant leaving, no having to refurb thew house inbetween.
I urge u for speed please as all Nottingham Benefit tenants can no longer secure accommodation because of the lack of justice from yourselves.
And I’m not gonna be around forever, I wish to sell all my houses but can’t any more, as Landlords aren’t taking Benefit tenants any more because yourselves are not bringing about any change within DWP.

by DSR

15:21 PM, 18th August 2021, About 4 months ago

Reply to the comment left by Mick Roberts at 18/08/2021 - 05:50
I got a result! (even though it was devoid of a reply stating it was totally their fault)

For all those following this thread here is the outcome..

Hello XXX
Not sure if you had a response to this so apologies for any delay. Can you please pay this amount to the tenant in a case like this. The Managed Payment has not been affected.

Kind Regards
Partnership Manager

by Bill irvine

15:37 PM, 18th August 2021, About 4 months ago

DSR

Good to see there’s at least one sensible officer, adopting the simplest solution approach. Nevertheless, keep a copy of the exchange just in case, sometime down the line, DWP attempt recovery. I would also ask the tenant to acknowledge the refund e.g. receipt, email or text.

Bill

by Mick Roberts

15:44 PM, 18th August 2021, About 4 months ago

Reply to the comment left by DSR at 18/08/2021 - 15:21Finally.
These sensible officers should just go train the others how it should be done.
I know my Nottingham UC office have got it in for me. Fortunately at moment, I get on with all me tenants & I get tenants to copy/paste stuff on their journal & we pull apart the idiocracy replies of the UC staff. They can't stand it, so slightest opportunity, they try to delay my Housing Element payment. But they that thick that they don't realise it's the tenant they hurting & putting in arrears.
Like u with that reply DSR, an email contact can solve. I've had email contact with HB for 15 20 or so years, been brilliant, it works, I get on with all the HB higher up staff. Communicating with us solves people being homeless. They will get it eventually. Like Bill says, the Housing Associations have got a Portal for them to put changes etc. on the tenants claims (Bill knows exactly what's allowed) & he says it works well for them. Private Landlords have just been slipped by like we the scum of the earth.

by Robert Mellors

11:02 AM, 19th August 2021, About 4 months ago

Reply to the comment left by DSR at 18/08/2021 - 15:21
Glad you managed to locate someone at the DWP (UC Team) who was willing and able to correspond with you and apply some common sense to the situation. They are not unique, but they are certainly a very rare breed and extremely difficult to find.


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