# OVERPAID and now demanding money back-HELP!



## Vicky19 (Mar 17, 2003)

hi everyone, i really need your help. i have just quit my job where i worked 12 hrs a week. i quit because of ibs and i didnt know when i would be able to go back and needed time to deal with this myself before anyone else could. anyway, i got a letter this morning which has almost made me cry. they have written to me saying that in march i was overpaid by 168 pound because i was entitled to NO sick pay at all. my area manager told my manager i was entitled to 4 wks company sick pay and then payroll told my manager i was only entitled to 2 wks. so, i thought "oh well, at least ive got 2 wks full pay". when i got paid it all went on bills. i got my student loan a few weeks ago but have spent that - i cleared my 500 pound overdraft and [aid big bills such as water, rent, and credit card bill and other things i had accumulated over the time i had been off sick and unpaid. now thay are saying i have been overpaid by 169 pound and want me to send them a cheque. what should i do? they arent open until monday now so i can't call them but need to know what companies usually do and what i should do. i also got a letter this morning saying i wasnt entitled to any incapacity benefit because i havent paid enough national insurance in the past 2 yrs. please help - i'm really anxious about this because i cant afford to give them that money back. thanks everyon xoxx


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## Kestrel (Dec 19, 2002)

Jerks! My advice...call them on Monday and explain the situation to them. Its not your fault that they over paid you and that you spent the money on necesities. Maybe they can make some sort of arrangement or give you some time to pay it back. Its really not your fault that they paid you too much and therefore they should be more understanding in repaying the money back. If they make a big fuss about it maybe you should call worker's compensation or a worker's rights bureau, they may have some advice for you as well.Just remember its not your fault!Hugz,Kestrel


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## Kestrel (Dec 19, 2002)

My bf says that maybe you should contact a lawyer. His dad is one and says that these kinda things can get sticky...but its not your fault so there may be some way that you can get out of paying it back...do you have a friend of family memember that is one? If not just go to worker's comp.Hugz,Kestrel


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## Vicky19 (Mar 17, 2003)

hey thanks for your reply and advice. strangely enough, i'm studying law! I'll have to look it up although I haven't studied this sort of law before!! I think I've got to pay it back someway but I'll drag it out for as long as needs be and put up as much fuss as I possibly can. Even if i have to complain to directors of the company. I'm good at making a fuss and shouting.


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## plasmon (Sep 29, 2001)

Get in touch with your nearest Citizens Advice Bureau - link- _free_ advice.My comments:What reason were you given for not receiving SSP for those periods? Payment of SSP is subject to "waiting days" and your weekly earnings.You need to know exactly what dates SSP was paid for - as you have left your employment, demand that your employer gives you a "leaver's statement" on form SSP1(L) or equivalent: they do not send this automatically, so you must ask.Tell them that you are querying your sick pay arrangement, and that repayment may be considered only once the facts have been established by both parties.Good luck!







*******************************************Statutory sick pay (SSP)Statutory sick pay (SSP) is paid by an employer to an employee who is:-16 or over and below 65; andincapable of work because of sickness or disability; andearning at least as much as the national insurance lower earnings limit.For information on the lower earnings limit, see National insurance contribution rates and earnings limits . SSP is not paid:-if the person was getting incapacity benefit within the past 8 weeks (in some cases 52 weeks). In this case s/he should reclaim incapacity benefitif the person is in the maternity allowance period.For information on the maternity allowance period, see Maternity allowance in Benefits for maternity and for children . SSP will not be paid for the first three days of being incapable of work but if the employee was getting SSP within the last eight weeks it will be paid from the first day off work. It can be paid for up to 28 weeks. When it runs out the employee may be able to claim incapacity benefit (see below).A person whose employment ends when s/he is on SSP will have her/his SSP stopped. S/he may be able to claim incapacity benefit - see below, and/or income support (see under heading Income-related benefits and tax credits ). SSP is not affected if the person goes into hospital. How to claim SSPAn employer can make her/his own requirements for proof of incapacity for work. The employee may be asked to fill in a form, provided by the employer, for the first week of incapacity. After that s/he will usually have to provide a doctor?s certificate.If you are refused SSP you should consult an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB . How much SSP is paidAn employee with earnings at or above the lower earnings limit gets a fixed rate of SSP. This is ï¿½64.35 a week from 6 April 2003. An employee who gets contractual sick pay may receive more than this depending on her/his contract.*******************************************


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## Vicky19 (Mar 17, 2003)

hi thanks for that reply - it was really helpful. i didnt qualify for SSP because i hadnt earnt enough basically. i earn 218 on average every month but i have hours for 2 sections so i always earn more. i then applied for incapacity benefit and they too said i hadnt earnt enough when i thought they were meant to help u when u didnt qualify for SSP. i have written to the pay roll and said that ive been told false info and that i spent the money in good faith and am in no financial position to pay this back. has this ever happened to you or anyone you know? and what do companies do to you?


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## plasmon (Sep 29, 2001)

Ah. You needed to be earning at least ï¿½77/week,ï¿½334/month to get SSP. So its likely they paid you money you were not entitled to.I've known people whose employers were reluctant to pay out sick pay - I'm kinda surprised that you were paid anything at all!







But it appears to be their mistake...


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## Vicky19 (Mar 17, 2003)

i think its dusgusting for a company to not pay any sick pay - not even 2 weeks, when there are legitimiate reasons. i have obviously been mis-informed and thats illegal because i relied on the info and spend the money. i study law so i know all about being given false info and the tests to apply to cases. i'll see what they say but i cant afford to pay it so they can't force me to pay something i dont have. unless they take me to court - which will cost them more in legal fees than the amount i owe them. i'll make a fuss and drag it out though!!thanks xoxox


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## LFC1 (Apr 29, 2003)

hi vicky..sorry to hear about your trouble. hope you get it sorted out. like others have said, give them a call and explain that you can't possibly pay it off all at once and hopefully they will be able yo arrange something with you. try not to stress, im sure everything will be fine.just


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