UK Carer's Allowance Overpayment Rebuttal Letter

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Your Situation

Tell us which UK nation administers your Carer's Allowance, the overpayment amount DWP is demanding, the date on the decision letter, and what caused the alleged overpayment.

This letter will cite

Social Security Contributions and Benefits Act 1992 s.70 + Social Security Administration Act 1992 s.71 + Social Security (Invalid Care Allowance) Regulations 1976 (SI 1976/409) + Social Security Act 1998 s.9 + Social Security and Child Support (Decisions and Appeals) Regulations 1999 reg.3 and reg.5

Your letter will request a Mandatory Reconsideration under s.9 SSA 1998 within the one-month deadline in reg.3 of the D&A Regs 1999. It will apply the allowable-deduction rules in SI 1976/409 (pension contributions, 50% of childcare, 50% of work-related expenses) to your gross earnings, and challenge recoverability under s.71 SSAA 1992 (no recovery without misrepresentation or failure to disclose a material fact). Preserves the right of appeal to the First-tier Tribunal under TCEA 2007 s.11.

UK nation

If you are in Scotland and the disputed decision is Carer Support Payment, you must use the Redetermination Request process within 42 days — not this letter. Carer's Allowance case transfer to CSP completed on 19 November 2024.

Date printed on the overpayment decision letter

The one-month time limit runs from the date PRINTED on the decision letter under reg.3(1) — not the date you received it.

Overpayment amount DWP says you owe (in £)

Enter the total figure DWP is asking you to repay. This is the amount you are challenging.

What does DWP say caused the overpayment? (tick all that apply)

Gross earnings recalculation — DWP says I went over the weekly limitChange of caring hours not reported (below 35 hours/week)Capital / savings threshold breachResidency / presence condition disputedFraud or deliberate failure to disclose alleged

Which allowable deductions can you apply to reduce your gross earnings?

Under SI 1976/409 you can deduct (1) pension contributions in full, (2) 50% of childcare costs paid to a non-relative while you are at work, and (3) 50% of work-related expenses (union subs, tools, protective clothing).

National Insurance number (e.g. QQ123456C)

Name of the person you care for

This helps DWP match the claim. Leave blank if you prefer not to include it.

Date you started caring 35+ hours per week

Did you report a change of circumstances to DWP that DWP appears to have ignored?

No — I did not report a changeYes — I reported the change and DWP did not act on it

If you reported the change, the NAO 2024 finding (DWP failed to act on ~144,000 VEPA alerts) supports an official-error argument under s.71 SSAA 1992.