Twenty Two Years And Counting.
ChatterBank0 min ago
social fund
8 Answers
in 1995 my partner was on the dole 4 a short time he had a social fund loan which he was paying out of his benifits he then returned to work shortly after ,'now he has had a letter to pay the outstanding amount back can they ask for payment after 14 years he hasn't been hiding from them so why has it taken them so long to get in touch with him
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To chase up a social fund loan the DWP needs to have an up-to-date address for the person. They can get this from the National Insurance computer but this has to be updated - usually by the person's employer at the end of the tax year.
It seems that this 'new' address has just been noticed and the section dealing with the recovery of Social fund loans is contacting your partner regarding recovery of the loan.
If he gets in touch with the phone-number on the letter they will talk to him about paying it back in instalments.
I am sure that there could be other reasons for the delay in contacting your partner but the above is the most likely.
I hope that the above makes sense - I have a cold and my head feels full of cotton-wool instead of brains.
1. DWP (or debt collectors acting for them) are chasing up many very old debts for social fund loans and benefit overpayments.
2. The legal position is that they can collect these debts by deductions from most (if not all) DWP benefits which the debtor may now (or in the future) be receiving. They can do this at any time, and even by deduction from the state retirement pension if the debtor is receiving it.
3. BUT if no such benefits are being received and over 6 years has elapsed from the date of the last contact & no payments have been made in that time, then the debt is statute barred and cannot be enforced in Court. This does not mean the debt is written off - it still exists and they can still chase it, but they can't get a Court order to make the debtor pay it.
2. The legal position is that they can collect these debts by deductions from most (if not all) DWP benefits which the debtor may now (or in the future) be receiving. They can do this at any time, and even by deduction from the state retirement pension if the debtor is receiving it.
3. BUT if no such benefits are being received and over 6 years has elapsed from the date of the last contact & no payments have been made in that time, then the debt is statute barred and cannot be enforced in Court. This does not mean the debt is written off - it still exists and they can still chase it, but they can't get a Court order to make the debtor pay it.
I am sorry but from what I have read on AB before,any DWP debts are(as factor says) NOT staute barred (as they are in effect debts to a Government department.)
It's obvious they are having a "stocktake" and clearing out (and tring to collect) old debts.
I hope TCL (who is the expert on DWP matters) might come in on this.
It's obvious they are having a "stocktake" and clearing out (and tring to collect) old debts.
I hope TCL (who is the expert on DWP matters) might come in on this.
in effect, it actually dosen't matter whether they can become statute barred or not - the DWP do not need a court order to reclaim these monies from benefits -they will just do it (including state pension as mentioned before) so in eefect there is no escape ever from paying it back. if yu ignore it now, they will just take it later, when you can ill afford it
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