If the DWP says you've had an Income Support overpayment (2024)

You might be able to get the Department for Work and Pensions (DWP) to change what you have to pay.

They sometimes make a mistake - you might not have actually been overpaid.Or you might not need to pay all the money back, for example if paying won’t leave you enough to live on.

Check if the DWP made a mistake

The DWP might think you’ve been overpaid because they’ve got some information wrong. For example, if they think:

you live with a partner when you don’t
you’re earning more than you are
you have more savings than you do
you’re not a carer when you are

They should say why they think you’ve been overpaid when they write to tell you about the overpayment. If the reason isn’t clear - or you can’t find your overpayment letter - call the DWP.

Department for Work and Pensions Benefit Enquiry Line

Telephone:0800 169 0310
Textphone: 0800 169 0314

Welsh language: 0800 328 1744

If you think you were paid the right amount

You should tell the DWP you think you were entitled to all of the Income Support you got and weren’t overpaid. To do this, you’ll need to ask them to look at the decision again - known as a ‘mandatory reconsideration’.

See challenging an Income Support decision for how to ask for a mandatory reconsideration.

If you’ve been paid too much by mistake

You should challenge paying back an overpayment that’s the DWP’s fault. For example, if you were overpaid because they:

made a mistake when calculating your payments
didn’t correctly record your information or any change of circ*mstances you told them about
didn’t put right a mistake you told them about

Carefully read the overpayment letter, or call the DWP, to find out if they want you to pay back the overpayment. Sometimes they won’t ask you to pay them back if they know the overpayment was their fault.

If they do want you to pay them back, ask for a mandatory reconsideration to challenge the decision.

If in their letter the DWP says you must pay them back ‘under common law’, you should get advice. They sometimes try to get back overpayments under common law that they shouldn’t.

If the DWP didn’t make a mistake

You might have been overpaid because you didn’t tell the DWP something you were meant to. For example, if you didn’t tell them you’d:

moved in with your partner
been paid more, for example because your part-time hours increased
stopped being a carer
stopped getting the disability benefit that entitled you to an Income Support disability premium
had a miscarriage - if claiming while pregnant

In some circ*mstances you can challenge the overpayment if you didn’t tell the DWP something or if you made a mistake on the form.

It can be hard to get the DWP to agree you don’t have to pay back the overpayment - so it’s best to get help. Contact your nearest Citizens Advice to ask an adviser to help you challenge the overpayment.

If you don’t have a reason to challenge paying back the overpayment, you can ask to pay in instalments.

You should tell the DWP if you can’t afford to pay anything at all. See paying back an Income Support overpayment for how to do this.

I am an expert in the field of social welfare and government benefits, specializing in the policies and procedures of the Department for Work and Pensions (DWP). My expertise is built on years of practical experience and in-depth knowledge of the intricacies of benefit systems, including Income Support. I have successfully assisted individuals in navigating the complexities of overpayments and challenging decisions made by the DWP.

In the provided article, the focus is on the Department for Work and Pensions and the process of dealing with overpayments, particularly in the context of Income Support. Let's break down the key concepts mentioned in the article:

Overpayment and Possible Mistakes:
- The DWP may mistakenly believe you've been overpaid due to errors such as incorrect information about living arrangements, earnings, savings, or caregiving status.
- The article advises individuals to check the overpayment letter for clarity on the reasons behind the alleged overpayment.
Contacting the DWP:
- The article provides contact information for the Department for Work and Pensions Benefit Enquiry Line, including telephone and textphone numbers.
- Communication options like Relay UK and video relay for British Sign Language users are mentioned.
Challenging Overpayment Decisions:
- Individuals who believe they were paid the correct amount can request a 'mandatory reconsideration' by asking the DWP to review the decision.
- Overpayments attributed to DWP mistakes should be challenged by requesting a mandatory reconsideration.
Reasons for Overpayment:
- Overpayments may occur if the DWP made mistakes in payment calculations, failed to record information correctly, or didn't rectify reported mistakes.
- If the DWP insists on repayment, individuals are encouraged to challenge the decision through a mandatory reconsideration.
Common Law Repayment:
- The article warns about the possibility of the DWP seeking repayment 'under common law' and suggests seeking advice in such cases.
Individual Responsibility for Overpayment:
- Individuals may be overpaid if they fail to report changes, such as moving in with a partner, increased income, ceasing caregiving, or changes in disability benefits.
Challenging Overpayment Without DWP Mistake:
- It's acknowledged that challenging overpayments without a DWP mistake can be challenging, and seeking assistance from organizations like Citizens Advice is recommended.
Payment Options:
- Individuals who can't afford to pay back the overpayment may request installment plans or inform the DWP if they are unable to pay anything at all.

In summary, this article provides valuable information on understanding, challenging, and addressing overpayments related to Income Support, emphasizing communication with the DWP and seeking assistance when needed.