# Lone Parent Arrears Due, advice needed



## nesbitt (24 Mar 2009)

I'm trying to sort out what appears to be a mistake made by CWO and SW when calculating arrears owed to my sister.


I have drafted a spreadsheet of payments received from CWO from date of elligibility for LP and compared it to payments that should  have been received if paid LP on time (there was several months delay due to numbers signing on etc.) and there is a substantial sum owed due to difference in means testing LP and SWA.

When calculating arrears surely the first 3 months that are paid by CWO are not included in total being deducted from SW payment when awarded?


Any advice appreciated.


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## gipimann (24 Mar 2009)

Why are you deducting 3 months? 

Was Rent Supplement in payment too?   Any difference in Rent Supplement entitlement between the SWA rate and the OFP rate is also recoupable.


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## nesbitt (24 Mar 2009)

I'm not deducting 3 months.  To clarify  separated people are not entitled to LP for the first 3 months so SWA paid should not be included when comparing SWA paid against correct LP due...

No rent supplement received.  Indeed Mortgage Interest Supplement refused, Gippiman you very kindly advised me on this point last year.


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## Welfarite (24 Mar 2009)

Have you (or sister) asked to have the calculations made double-checked by the office concerned? The amount paid on SWA for the exact same period due on OPFP should be deducted and the balance is the arrears payable.


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## nesbitt (24 Mar 2009)

Yes, Welfarite you would think it should be that simple.... I am taking the morning off on Thurs and I will accompany her. 
She went to SW office yesterday and at first was just told that 'no arrears was due' after some to do it was disclosed that a figure was refunded to CWO office (which is far larger that actual money paid to my sister and she can prove this fact) and as such no arrears due and to take matter up at health centre. She queued this morning to find that the CWO was on leave and stand in was clueless and not interested in doing the work to sort out mess so CWO is back on Thurs..... 

But importantly I need to know about the rule for the first 3 months SWA payments please anyone???


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## gipimann (24 Mar 2009)

Sorry Nesbitt, I understand about the 3 months now.

If there is no entitlement to SW for the first 3 months, then any arrears paid from SW to the HSE would only and should only be paid from the date of entitlement to the SW payment.  So you are correct in saying that if the person had no entitlement to One Parent Family Payment for 3 months then any SWA paid during that time should not be repaid to the HSE.

Just to point out that arrears between schemes are not dealt with by CWOs - they do not "claim" money back, it's the primary scheme (in this case One Parent Family Payment) who determine the arrears due based on the payments made by the computer system used by both schemes.  So going to the CWO may not sort out the situation.


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## nesbitt (24 Mar 2009)

Thanks Gipimann, thought I was right... 

However the woman filling in for the CWO this morning tried to convince my sister that the 'payment' between the HSE and SW ran from the very first day she presented herself as separated and without adequate means.  So I knew this was incorrect statement.  I understand your comment regarding the arrears normally being paid from SW but the SW officer was unrelenting as regards this point and stated that due to the sum already paid back to CWO from their office to take the arrears mistake up with CWO.  I think Thurs morning should be interesting, however I will go with spreadsheet, receipts and a polite attitude but I will not suffer fools gladly.  Not when it would cost my cash strapped sister over a grand in arrears.  

Anyway I will revert back in due course with update and hopefully good outcome.

Thanks again Gipimann and welfarite.


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## gipimann (24 Mar 2009)

For the first 3 months of your sister's SWA claim, the claim should have been categorised as Nil Income, for the remainder of her SWA claim, it should have been categorised as Pending One Parent Family Payment.    If this wasn't done, it may have been the reason for the incorrect calculation of arrears.

Another piece of info for you - although the different scheme sections talk about payments and refunds, no actual monies change hands between HSE and SW (i.e. the CWO doesn't actually see a cheque from SW for any refund!).   Recoupment between schemes is an accounting exercise between the different "pots" in DSFA.


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## Welfarite (24 Mar 2009)

I agree with Gipimann that it may not be the CWO but the SW local office (or PSO sligo perhaps?) that need to be approached. They are the ones that would have made the 'calculation' regarding arrears due/not due and would know the periods involved. Perhaps try them?


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## nesbitt (24 Mar 2009)

Thanks very much for the information regarding 'accounting adjustment' and not actual monetary refund. I now know that an error has been made with the amounts supposed to be paid under SWA that the SW are basing their decision. Instead of sorting this out there and then liasing with each other. My sister is being forced to queue and approach each office herself. As I stated the SW Officer is passing the book and from what you say is responsible for the arrears payment (which makes sense as the LP is greater than the SWA) however we have no choice but to go back to the original CWO and get her to communicate with SW Officer on my sisters behalf. If we get shunted again, I am going to intervene and say that this is not good enough..... Oh the joys of the system....


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## Black Sheep (24 Mar 2009)

Have you requested a print out of the calculations by both parties, CWO & SW


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## nesbitt (24 Mar 2009)

Yes, my sister requested a printout and was told that the CWO would have same information. However my sister persisted and got a copy of a communication between the two parties with a total figure on it, this figure is substantially overstated to the actual paid to my sister. This is the hub of the fault and why my sister is being refused an arrears payment. It begs belief but there you go.


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## Black Sheep (24 Mar 2009)

Was she paid by cheque or into bank account. There has to be some proof of payment either with her or those who issued the payments


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## nesbitt (24 Mar 2009)

Yes full paper trail available.  She has all her weekly receipts going right back to first SWA payment...


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## Black Sheep (24 Mar 2009)

Have you considered a call to the Ombudsman


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## nesbitt (25 Mar 2009)

Yes I called Citizens Advice yesterday and was told what to do in the event of continued refusal and or inaction....


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## Thrifty (25 Mar 2009)

Firstly your sister needs to get the decision in writing if she has not already done so. I would suggest she then write a detailed letter to the SW office including the spreadsheet or calulations you have done asking them nicely to review the file and to reply in writing so that she can appeal the decision if necessary. She can also at the same time request a copy of her file under the Freedom of Information Act so she can examine it in more detail. Perhaps a general letter enquiring as to the practice in relation to the first three months to the CWO would also get you a definite written answer to your question.


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## nesbitt (25 Mar 2009)

Yes thrifty, it has not gone unnoticed by me that the 'refusal' was verbal on Monday...  So I will approach the issue with this in mind also.  "Get it in writing or it doesn't exist"! Thanks.


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## nesbitt (26 Mar 2009)

I went along this morning to Health Centre with my sister to see CWO. The CWO was helpful and agreed that there is an obvious mistake in the figures supplied to SW.  So, CWO will email SW accordingly and telephone my sis when this is done.  Then she intends calling in to SW early next week, just enought time for email to be digested and chase up getting payment of the arrears due....  I will take a couple of hours off and go with her.  

Thanks again everyone for helpful, insightful response to my question.  As ever AAM is great resource.


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## gipimann (26 Mar 2009)

Glad that there was some positive progress for your sister, hope it won't take long to sort out.


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