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Top Other benefits topic #2263

Subject: "income support deducting from carers allowance" First topic | Last topic
stevenm030
                              

welfare rights officer, dundee city council welfare rights
Member since
06th Jun 2008

income support deducting from carers allowance
Thu 20-Aug-09 09:25 AM

I have a client who is having £14 per week deducted from her carers for an income support overpayment. partner has moved back in so she has no income support or other income for them to deduct from. the overpayment was found to be due to fraud (not declaring partner had moved in).

my question is should they be deducting this from carers? I have checked CPAG which seems to state at one part they can deduct from most benefits but then seems to state carers can only be deducted from for certain loans and child maintenance.

The dwp decision makers guidecant seem to give me the answer either. can anyone offer any help on this one?

  

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Replies to this topic
RE: income support deducting from carers allowance, ariadne2, 20th Aug 2009, #1
RE: income support deducting from carers allowance, stevenm030, 24th Aug 2009, #2

ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: income support deducting from carers allowance
Thu 20-Aug-09 06:07 PM

Regulation 15 of the Payments on Account, Overpayments (and what have you) regulations provides that an overpayment recoverable under ss 71 or 74 of the Administration Act can be recovered from any benefit withing parts II-V of the Contributions and Benefits Act. Carer's allowance is in part III.
There is a restriction on deductions from child benefit and guardians allowance only - that's only for OPs of the same benefit (because different departments).

  

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stevenm030
                              

welfare rights officer, dundee city council welfare rights
Member since
06th Jun 2008

RE: income support deducting from carers allowance
Mon 24-Aug-09 12:57 PM

thanks for the reply.

looks like i am saved another battle with debt recovery on this one.

  

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