People receiving Universal Credit and other types of benefits are being warned that they could be fined up to £50 by the Department for Work and Pensions (DWP) during the winter months. This is due to rules that have been in place since October 2012, which allow the DWP to issue fines if claimants receive benefit overpayments because they failed to report a change in their circumstances.
This £50 charge is referred to as a "civil penalty" and is added on top of the overpaid benefit amount. The total sum – both the penalty and the overpayment – is then recovered through the usual methods, such as deductions from future benefit payments.
To prevent this from happening, it’s important that claimants notify the DWP of any life changes that could impact their benefit eligibility or payment amount. These changes include, but are not limited to:
-
Changing your legal name
-
Moving to a new address
-
Having a child or changes in your family situation
Failing to report such changes may result not only in a fine but also in possible prosecution if the DWP believes the omission was intentional. In such cases, it may be treated as benefit fraud, which carries more serious consequences.
Why Might You Be Fined £50 by the DWP?
According to Turn2Us, a national charity that supports people in financial difficulty, a £50 civil penalty can be applied if the following conditions are met:
-
The overpayment occurred after 1 October 2012
-
The overpayment is £65.01 or more
-
The overpayment is considered recoverable
In addition, the overpayment must have been caused by the claimant either:
-
Providing incorrect information, or
-
Acting negligently by giving wrong details and failing to take reasonable steps to correct it
It’s important to note that a civil penalty will not be applied if the DWP decides to pursue the matter under benefit fraud provisions instead.
What to Do If You Disagree With the £50 Fine
If you acknowledge the overpayment but believe the £50 fine was unfairly applied, you have the right to challenge the decision.
The first step is to request a Mandatory Reconsideration. This must be done within one month of receiving the penalty decision. In your request, you should clearly explain why you think the penalty was not justified.
If, after the reconsideration, the DWP upholds their decision, you can then escalate the matter by appealing to an Independent Tribunal. You must file your appeal within one month of the DWP's decision following your Mandatory Reconsideration.