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Farm Business
Tenant Farming, Subsidies, BPS & Legal Issues
Help needed regarding benifit pension payback !
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<blockquote data-quote="Goweresque" data-source="post: 5960004" data-attributes="member: 818"><p>Some interesting reading here:</p><p></p><p><a href="https://www.nationaldebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debts/statute-barred-debt.aspx" target="_blank">https://www.nationaldebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debts/statute-barred-debt.aspx</a></p><p></p><p>It suggests that the limit for benefits repayments is 6 years, however be aware that even the payments to your relative do come under the Limitation Act, that doesn't mean they cease to exist. The term is that they are 'statute barred' - technically the debt still exists, they can ask for the money, but you have a watertight defence if they take you to court. So its entirely possible that the DWP will ask for repayment for more than 6 years, in the hope you pay up voluntarily, but I suspect they can't go to court for more than 6 years worth, if you refuse to pay.</p><p></p><p>As ever, getting some proper legal advice is advisable......</p></blockquote><p></p>
[QUOTE="Goweresque, post: 5960004, member: 818"] Some interesting reading here: [URL]https://www.nationaldebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debts/statute-barred-debt.aspx[/URL] It suggests that the limit for benefits repayments is 6 years, however be aware that even the payments to your relative do come under the Limitation Act, that doesn't mean they cease to exist. The term is that they are 'statute barred' - technically the debt still exists, they can ask for the money, but you have a watertight defence if they take you to court. So its entirely possible that the DWP will ask for repayment for more than 6 years, in the hope you pay up voluntarily, but I suspect they can't go to court for more than 6 years worth, if you refuse to pay. As ever, getting some proper legal advice is advisable...... [/QUOTE]
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Help needed regarding benifit pension payback !
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