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Top Income Support & Jobseeker's Allowance topic #6625

Subject: "Income Support & Working Tax Credits" First topic | Last topic
mpmap
                              

welfare benefits caseworker, money advice plymouth, devon
Member since
25th Jul 2007

Income Support & Working Tax Credits
Mon 02-Feb-09 03:42 PM


Hello all

I saw a client on Friday, who had finished work due to ill health back in June, and was correctly getting Income Support as sick person. However she was still being paid Working Tax Credit, she said she had informed them of her finishing work. We accept that there will be a tax credit overpayment that will need to arrange payments. Client has no children so will be no tax credits for them to reduce for repayment. I am more worried about the Income Support, as she was getting Income Support full amount £60.50 a week whilst she was receiving other income, namely the wrongly paid tax credits. Logic would suggest as was not entitled to working tax credits and will have to pay it back, that there can be no Income Support overpayment, however I know that the benefits system and logic are not two things you can neccessarily put together. Client is undoubtly eligable for income support, just she has been receiving this extra income all be it in error. She has also been receiving housing benefit and council tax benefit on the basis of being on income support. Can Income Support claim an overpayment in these circumstances.

  

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Replies to this topic
RE: Income Support & Working Tax Credits, bensup, 03rd Feb 2009, #1
RE: Income Support & Working Tax Credits, Andy Hamilton, 03rd Feb 2009, #2
RE: Income Support & Working Tax Credits, mpmap, 06th Feb 2009, #3

bensup
                              

Benefits Supervisor, Barrow-in-Furness, Cumbria Citizens Advice Bureau
Member since
24th May 2004

RE: Income Support & Working Tax Credits
Tue 03-Feb-09 11:36 AM

Tue 03-Feb-09 11:37 AM by bensup

She'd have still been entitled to the working tax credit for the first 28 weeks of sickness if she was still employed or had been self employed - how many weeks overpayment does she have?

  

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Andy Hamilton
                              

Money Adviser, Leicester Money Advice, Leicester
Member since
16th May 2007

RE: Income Support & Working Tax Credits
Tue 03-Feb-09 03:54 PM

See CIS/1813/2007, if her employment ceased then as long as the client took steps to have the WTC stopped then there shouldn’t be an IS overpayment. There would still be a WTC overpayment.

However, if the client didn’t take steps to have the WTC stopped then it is treated as income for IS and there is an overpayment on both benefits, see CIS/647/2007

Andy.

http://www.osscsc.gov.uk/judgmentfiles/j2320/CIS%201813%202007-00.doc
http://www.osscsc.gov.uk/judgmentfiles/j2218/CIS%200647%202007-00.doc

  

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mpmap
                              

welfare benefits caseworker, money advice plymouth, devon
Member since
25th Jul 2007

RE: Income Support & Working Tax Credits
Fri 06-Feb-09 10:28 AM


Thanks for your help.

What would they do if they decded that there was an overpayment, how much woudl they take off the Income Support, could they just completely stop it.

  

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Top Income Support & Jobseeker's Allowance topic #6625First topic | Last topic