deductions from benefits

davet

I have recently been changed from dla to pip and seen my benefit reduce by in excess of £250 per month, I also recieve esa, I have however fallen behind with my water payments, I have advised them of my situation also advising that I am awaiting a tribunal date and will contact them following this to discuss making up my payments, their response was to state that they are going to request payments from my benefits, are they able to do this?, I thought they could only do it with my agreement or if they had a court order 

Geoark

Hi @davet here is the guidance given at www.gov.uk

Consent for deductions

Most third party deductions are imposed but there are some occasions where consent is needed from the individual. This applies where the total amount of all deductions including any amounts to cover current costs, exceeds 25% of the main benefit, including any Child Tax Credit and Child Benefit in payment. We will identify these cases and ask for consent. Consent only applies for the following debt types:

• housing cost arrears not covered by the Mortgage Interest Direct scheme
• rent and service charges
• fuel costs
• water charges
• integration loans
• eligible loans

https://www.gov.uk/government/publications/how-to-request-deductions-from-benefit-a-guide-for-creditors/third-party-deductions-from-benefits-a-guide-for-water-suppliers

BenefitsTrainingCo

Hi davet,

It's good to hear that you are challenging the PIP decision as that would definitely be my advice. Receiving a reduced rate of PIP can affect all your other benefits, so if you awarded more by the tribunal, make sure the offices which pay your other benefits are informed.

As regards the deductions, when it comes to water charges, deductions will be made if you haven't been able to budget for the charges and it is in the interests of you or your family to make the deductions. Your written consent is required in some cases but only if the deductions exceed a certain amount, as explained in Geoark's reply.

If you don't want the deductions to be made then the best way to prevent them happening is probably to make some sort of offer to the water company. You could try negotiating with the DWP too and explaining the deductions aren't in your interests but this may not be successful and the deduction decision doesn't carry the right of appeal (although you could complain).

I'm not a money adviser but I would recommend speaking to someone who can advise you on what you could offer the water company (even if it is a very small amount) to stop them approaching the DWP for a deduction. You could start with the Money Advice Service, but there may well be local sources of support.

Will