Overpayment

PL

We don't give detailed financial advice on the forum, so the following are my best understanding of the law.

Can the DWP recover over-payment if it is their error?

For "old" benefits no, I seem to remember that Universal Credit allows recovery, other benefits are different, so for example Housing Benefit does.

Is there a maximum amount they can recover?

If it is recoverable then it will be for the full amount. There is a limit to the amount they can recover from benefits per week, a claimant may be able to argue that a lower value is appropriate. Owed money can de deducted from any back payment.

Is there a maximum period of time they can backdate over-payment?

No, however I believe that legal proceedings to recover the money can only carried out within the first six years.

Can they take someones partners income into account when calculating a payment plan, even if it was not a joint claim?

Not usually unless they were an appointee for the claimant, another example would an inheritance following the death of the claimant.

As general comment, claimants should ask for a detailed breakdown of the DWP's calculations and their reasons for assigning the debt, it is not unusual for one or both of these to have errors.

Gordon