Overpayments can happen for a number of reasons, for example:
- you may have given incorrect information
- you may not have told the Department for Communities (DfC) something it needed to know about
- you may have been slow to tell DfC about a change in circumstances
- an administrative error may have occurred
The reason and period of your overpayment will be explained on your overpayment letter or notification on your Universal Credit account. It will also tell you if you have to pay the money back.
If you don't declare an overpayment
You may be committing benefit fraud if you know you've been overpaid but don't do anything about it or deliberately fail to report a change in your personal circumstances. If you're prosecuted for benefit fraud you could be fined or get a prison sentence, as well as having to repay the money.
Paying the money back
If the overpayment was your fault, you'll have to pay it all back. If it was caused by an administrative error, you may still be asked to pay it back, particularly if you could reasonably be expected to realise you were being overpaid.
If you get a benefit, the amount you get will be reduced until you’ve paid back the money.
If you no longer get a benefit, you can pay monthly by direct debit. You can also pay in full by debit card, credit card, cheque, postal order or cash.
To make monthly payments by direct debit, phone Debt Management. You will need your bank details when you phone.
Debit or credit card
To pay by debit or credit card, phone Debt Management. You will need your debit or credit card and reference number when you phone.
Cheques or postal orders
These should be crossed and made payable to 'Department for Communities only'. You must write your National Insurance number on the back of your cheque and post it to Debt Management.
You can make a cash payment at your local Jobs and Benefits office.
Direct Earnings Attachment
If you’ve not paid in full or set up a repayment plan with Debt Management and you’re employed, the Department for Communities may ask your employer to take deductions directly from your earnings. This is called Direct Earnings Attachment.
If you can’t afford to pay the money back
Contact Debt Management as soon as possible if you can’t afford to pay. It can help you set up a payment plan.
Housing Benefit and Rate Relief
If Housing Benefit or Rate Relief is paid directly to your landlord, they may be asked to repay the money if they caused or contributed to the overpayment. If the overpayment was your fault, you may have to repay it.
HM Revenue and Customs (HMRC) will send you a notice whenever your award changes. It will ask you to make sure the information about your personal circumstances shown on your award is right and complete. If anything is wrong, missing or incomplete, you need to contact HMRC.
Your tax credits award is usually reduced until the money is paid back. How much it's reduced by depends on the type and amount of your award. If you no longer qualify for tax credits, you can repay the money as a lump sum or in instalments.
If you receive Universal Credit, your tax credit debt will normally transfer to the Department for Communities and it will be recovered from your Universal Credit award.
If your Universal Credit award stops, the debt will be recovered by other available methods.
Tax Credits Debt Transfer
From 14 June 2019 Her Majesty’s Revenue and Customs (HMRC) will begin to transfer a segment of Non-UC Tax Credits debt to the Department for Communities for recovery.
If you have a Tax Credit debt and your claim has ended, you are not claiming Universal Credit and are in PAYE employment with earnings of £5,200 or more from a single employer, but do not have a repayment arrangement with HMRC, you may be affected.
HMRC will write to you if your debt is moving to the Department for Communities. The letter will provide you with details of your outstanding debt balance as well as an explanation of what will happen next.
From time to time your disability benefits will be reviewed if you receive:
- Employment and Support Allowance
- Personal Independence Payment
- Disability Living Allowance
- Attendance Allowance
- Incapacity Benefit
- the 'disability premium' with another benefit, such as Income Support or Housing Benefit
If your condition has improved, you may no longer qualify for the benefit. You won't have to repay anything you've already received unless you could reasonably have been expected to realise the improvement in your health would affect the amount of benefit you get.
If you don't respond to requests for payment
If you ignore payment requests or do not offer a suitable amount, your debt may be referred to a debt collection agency or court action may be taken against you.
Any fees owed in taking this action will be added to your overpayment (debt) and recovered from you.
If you disagree with the overpayment decision
If you disagree with the overpayment decision, contact the benefit office that sent the letter or notification on your Universal Credit account for an explanation.
If you aren’t satisfied with the explanation or the way your case has been handled, you can appeal.