We are able to assist you not only with benefit fraud allegations, but also with appealing all decisions that relate to overpayments.
If you’ve received an overpayment notice, it means you’ve been paid more benefits than you were entitled to. This decision is usually made by the Department for Work and Pensions (DWP), your local authority or His Majesty’s Revenue and Customs (HMRC). The notice is a formal document outlining the amount owed, the period it covers and the reason for the overpayment.
Overpayments usually arise as a result of the withdrawal of benefit. An overpayment decision can be issued from the Department of Work and Pensions (DWP), Local Authority or Her Majesty’s Revenue and Customs (HMRC) or all three at once.
Overpayments are often incorrect and unlawful. Overpayments frequently occur in the following scenarios:
Unfortunately, there is no single set of rules that applies to all overpayments. The DWP, local authorities and HMRC each follow their own regulations and procedures. As a result, many people are left uncertain about how the overpayment has been calculated, the period it covers, or what steps they should take next.
In many cases, the amount of the overpayment can appear much higher than it should be. This often happens because individuals are unaware of their right to appeal and challenge the decision before making any repayment.
If you believe the overpayment decision is incorrect, you have the right to appeal. You do not need to accept the amount stated or begin repayment until the decision has been properly reviewed. You should first ask for a Mandatory Reconsideration, which means the organisation that made the decision will review your case again to check whether it is correct.
When requesting a reconsideration, you should:
If you’re still unhappy with the outcome after the reconsideration, you can make a formal appeal to an independent tribunal. The tribunal is separate from the DWP, local authority and HMRC, and will review all evidence before making a final decision.
Talk to our expert solicitors and find out how we can help.
I highly recommend Manik and his team, they helped me navigate a really stressful situation with the DWP after an allegation was made, which led to compliance checks. I cannot speak highly enough of the service received from everyone. They broke down the jargon and made everything as clear as possible. I chose Manik for his working knowledge of the DWP system and it certainly was worth every penny spent. If anyone is in a similar situation- give them a call.
Mr Miah did a great job directing me with my welfare benefits overpayment issue!
Our expert solicitors have a wealth of experience, bourne from years of helping 1000s of clients located across the UK on a wide variety of legal matters.
With our extensive knowledge and understanding across many key areas of UK civil law, we're able to provide bespoke legal advice that's tailored to your circumstances.
We know that the law can feel extremely complex and we are there to guide our clients with our down-to-earth approach and jargon-free legal advice.
At Crystal Law, our dedicated team of benefit overpayment solicitors have extensive experience helping clients challenge overpayment decisions made by the DWP, local authorities and HMRC. We understand that dealing with these issues can be stressful and confusing, which is why we provide clear, practical advice at every stage of the process.
Whether you need help with an appeal, a mandatory reconsideration, applying for a waiver or negotiating a repayment plan, our legal team will guide you through the process and work to achieve the best possible outcome for your circumstances.
Not always. If the overpayment was caused by an official error and you could not have known you were being overpaid, you may not have to repay it. It’s important to review your overpayment notice carefully and seek advice before agreeing to any repayment plan.
You must first request a Mandatory Reconsideration from the DWP, your local authority or HMRC. They will review the decision and check if the overpayment was calculated correctly. If you still disagree with the outcome, you can then appeal to an independent tribunal.
You should submit your appeal within one month of the date on your Mandatory Reconsideration Notice. If you miss this deadline, you may still be able to appeal up to 13 months after the decision, but you’ll need to provide a valid reason for the delay, such as illness or receiving incorrect information.
If your reconsideration is unsuccessful, you can appeal to an independent tribunal. The tribunal is separate from the DWP, HMRC or local authority, and will assess your case based on the evidence provided.
If repayment would cause hardship, you can request to reduce the amount being recovered or apply for a temporary suspension while your situation is reviewed. In some cases, it may be possible to apply for a waiver.
At Crystal Law Solicitors, our experienced solicitors can review your overpayment decision, check for calculation errors, gather evidence for your appeal and communicate with the DWP or local authority on your behalf. With legal support, many clients see their repayment amount reduced or completely overturned.
