What Are Reviews?
When you are applying for or receiving a benefit from the Department of Work and Pensions (
DWP
DWP stands for
the government
The Government are the people who run the country. They decide how much
tax
Tax is the money that pays for things like schools, hospitals and the police. There are different types of taxes like
income tax
Income tax is the money that is taken out of the money you earn every month. It helps to pay for things we all need like hospitals and schools.
,
VAT
VAT is also called Value Added Tax. VAT is the extra money you pay when you buy things. The money goes to the government to pay for things like schools and hospitals.
and
council tax
Council
A council is also called a
local authority
A local authority is also called a council. They are a group of people who make decisions about some of the things in the area where you live like schools,
social care
Social care means the services that give care and support to people who need it.
(support for people), parks and dustbin collection.
. They are a group of people who make decisions about some of the things in the area where you live. These include: schools, social care (support for people), parks and dustbin collection.
Tax is the money that people pay to the
council
A council is also called a
local authority
A local authority is also called a council. They are a group of people who make decisions about some of the things in the area where you live like schools,
social care
Social care means the services that give care and support to people who need it.
(support for people), parks and dustbin collection.
. They are a group of people who make decisions about some of the things in the area where you live. These include: schools, social care (support for people), parks and dustbin collection.
. It helps to pay for things like social care (support for people), parks and dustbin collection.
.
people should pay for things and how things like the National Health
Service
A service gives people what they need, like healthcare services that help people when they are ill, and support services that give people support.
should work.
Department of Work and Pensions.
), you have a duty to provide them with
certain
Certain means you are sure about something.
information if they ask for it.
You also have a general duty to tell them (either in writing or by telephone) of any change of circumstances that you might reasonably be expected to know would affect your continued entitled to the benefit you are receiving. For example, if you would need to tell them if your partner moved into your home or if you started a new job.
You must tell the DWP about the change of circumstances “as soon as reasonably practicable1”.
As it is sometimes difficult for you to know what changes are going to affect your benefits, it is advisable to tell the DWP about any change of circumstances as soon as possible after the change has happened.
For example, you are admitted into hospital for treatment. You are told that you may have to remain in hospital for several weeks. Attendance Allowance,
Disability Living Allowance
Disability Living Allowance (DLA) is the name of a benefit that some people with a disability get. The money is to pay for extra help you might need to look after yourself and to get around. Disability Living Allowance is being replaced by a benefit called
Personal Independence Payment
Personal
Independence
Independence means doing things on your own. Making your own choices.
Payment (PIP) is the name of a benefit that some people with a disability or health condition get. The money is to pay for extra help you might need to look after yourself and to get around. Some people who used to get Disability Living Allowance (DLA) now get PIP instead.
(PIP).
and Personal Independence Payment stop being paid once you have been in hospital for 28 days. Therefore, you or your appointee (if you have one) should contact the DWP as soon as possible after you are admitted into hospital to let them know about your admission. You will then need to update the DWP as soon as you leave hospital so that they know to restart your benefit payments.
If you delay in reporting the change of circumstance to the DWP or do not tell them about the change of circumstance, then you may:
- Have to repay the overpayment
- Receive a civil penalty of £50 for failing to inform the DWP without having a reasonable excuse
- Be prosecuted for fraud if it looks like you deliberately failed to tell the DWP about the change of circumstances so that you could continue to receive the benefit.
Repaying an overpayment
If you delay in telling the DWP about a change of circumstances or do not tell them about that change of circumstance, then the DWP is likely to demand that the overpayment is repaid to them. The overpayment is likely to be the amount of benefit paid to you between the date of the change of circumstance and the date that they became aware of the change of circumstance.
This may be:
- Deducted from any other benefits you are still receiving, or
- Deducted from earnings, or
- Recovered through the courts.
Who has to repay the overpayment?
Depending on the circumstances, an overpayment can be recovered from the person who was receiving the benefit or the person acting as their appointee. For example, if you did not make your appointee aware of the change of circumstance the DWP may not find it appropriate to go after the appointee for the overpayment.
However, if the appointee was aware of the overpayment but did not tell the DWP, then the DWP may decide that the appointee should have to repay the overpayment. The DWP should send out a decision saying whether the person claiming the benefit, or their appointee will be liable for the repayment.
Challenging the Overpayment
If an overpayment has occurred because you did not tell the DWP about a change of circumstances or because you did not properly explain the facts or situation you can
appeal
To appeal means saying you want someone to think about a decision again.
(after going through
Mandatory
Mandatory means that something must be done.
Reconsideration process) if you disagree that:
- An overpayment has occurred; or
- That an overpayment can be recovered; or
- With the amount to be recovered
Recovering the overpayment
The DWP can decide not to recover all or part of the overpayment. However, DWP
guidance
Guidance means being given clear instructions to be able to do something well.
says that the DWP should only decide not to recover the overpayment in exceptional circumstances.
The DWP can use their discretion not to recover the overpayment if you acted in good faith and recovery of the overpayment would cause you hardship or be detrimental to you or your family. Therefore, even if you do not have grounds to challenge the overpayment you should still ask the DWP to use their discretion not to recover the overpayment.
For more information about this resource, please contact the
Learning Disability
A learning disability is to do with the way someone's brain works. It makes it harder for someone to learn, understand or do things.
Helpline.
Phone: 0808 808 1111
Email: helpline@mencap.org.uk