Overpayments and Out of Time for Appeals

Hi,

I have two clients who are being subjected to deductions for overpayments but unfortunately both are out of the time-limit for an appeal. Is there anything we can do i.e. getting the overpayments waived etc? I’ve put them together as similar issues

Client 1
Has an overpayment of ESA due to going over the savings limit. Overpayment decision letter was sent in March 2022 so we are out of the time-limit for appealing. Client has severe mental health issues (schizophrenia) and has no concept of what he did - did not spend any of his benefit money which led to the overpayment and genuinely believed he was being paid for being “security in pubs” (never had a paid job before).

Client 2
Has an overpayment of ESA due to earnings going over the threshold for Permitted Work. Client was asked to work more hours due to staff shortages - mum enquired to employer about extra hours and PW and was told by employer it wouldn’t affect him as it would be put down as a “bonus” which never happened. Client then received an Overpayment letter in 2021 which mum did an MR on but didn’t take it any further as did not know they could appeal. Client again suffers from severe mental health issues which becomes worse with stress - when he received the initial overpayment letter he left his current property as he believed he was losing everything so just left and carried on walking.

Is there anything we can do for these clients? Any help greatly appreciated.

Thanks

Adam

Complete a DMHEF for the clients see link below.
https://moneyadvicetrust.org/advice-services/dmhef/

Then forward form signed by mental health service practitioner to the senior/partnership manager for your area flagging it as an Equalities issue.

Highlight that the Tax Credit manual recognises the DMHEF and that the same should apply throughout the Civil Service.
https://www.gov.uk/hmrc-internal-manuals/debt-management-and-banking/dmbm555620

You’ll find the email for the DWP Service Leader for Cumbria and Lancashire in the list below.
https://www.gov.uk/government/publications/local-partnership-opportunities-with-jobcentre-plus/jobcentre-plus-service-leaders