Sharon McDougall - 5th March 2025 - 3 minutes to read
If you have debt as a result of an overpayment of state benefits, you will need to make arrangements to pay this back to the government. You will be required to pay back any benefit overpayments which have been made to you in error or because they had the incorrect information about your financial and/or living situation.
Unlike other forms of debt, there is no time limit as to how long the government can chase you for repayment of benefit overpayments. While credit card and loan debt becomes statute barred after five years in Scotland, there is no such rule when it comes to debt which is as a result of an overpayment of state benefits. It is therefore of high importance that you put a plan in place to deal with this type of debt.
If you realise that you have been overpaid your benefits, you should set this money aside and contact the Department of Work and Pensions immediately so that the money can be paid back. While it may be tempting to keep the extra money until you are asked for it back, this is only likely to make the situation worse, particularly if you do not have the money at hand to repay the debt when requested.
Get a rough indication of what your repayments might be under each of our different debt solutions.
Can I be made to repay benefit overpayments back?
As there is no time limit as to how long you can be chased for benefit overpayment debt, simply ignoring the problem will not make it go away. The government have a huge amount of resources at their hand to chase those who refuse to pay back the money they have been overpaid in benefits.
If you are not able to pay back the benefit overpayment debt in one lump sum, you will need to arrange to repay in instalments. If you are still on benefits, the Department of Work and Pensions can take money directly from your future benefit payments in order to pay down the debt you owe them. If you are in employment, deductions can be taken directly from your wages, although they will need an attachment of earnings order to do this.
If you do not have the money to repay the money you owe in benefit overpayments, particularly if you are dealing with other forms of debt in addition, you may need to consider entering into a formal debt solution to deal with the problems you are facing.
By entering into a Trust Deed, you can include all your unsecured debts such as credit cards, personal loans, and benefit overpayments into one monthly payment. After four years any debt which remains will be written off.
In order to enter into a Trust Deed you will need to enlist the help of an expert debt advisor who will be able to talk you through your options and recommend the most appropriate course of action. At Scotland Debt Solutions, our advisors are perfectly placed to help you navigate the personal debt landscape and set you on the track to a debt free future. Contact the team today.
Sharon McDougall
Manager
A Trust Deed can be a viable alternative to sequestration for individuals in Scotland with unmanageable and unsecured debts of over £5,000.
Getting out of debt is difficult enough at the best of times, but when you’re on a low income, it can feel like an uphill battle.
If you’ve decided it’s time to close your limited company, there are several different routes you can take. The most appropriate closure method will depend on whether your business is solvent (can...
About
Why Choose Us
Speak Direct With
A Qualified Adviser
We Don't Operate
Call Centres
5 Offices in Scotland
National Coverage
Ask us About
Home Visits
Fully Regulated Advisors
From a Reputable Firm
Helping Scots Get
Out of Debt Since 1989
We'll give you a call
Our Scottish based team can help advise you on your debt problems.
Tools
Useful Tools
Our personalised debt report will help you better understand your financial position and see where your money is going.
Arrange a call with an expert advisor at a time to suit you or contact our team via WhatsApp for immediate help and advice.
We have five offices located across Scotland. Find your nearest one here.
OUR SERVICES
We can help you with...
Sequestration is the Scottish version of bankruptcy and may be suitable for you if you do not have the money to pay back your debts
Find out MoreA Trust Deed involves making a monthly contribution to your debts for up to four years. After this time any remaining debt included in the Trust Deed will not need to be paid.
Find out MoreA Debt Arrangement Scheme (DAS) lets you pay off your debt through a series of manageable instalments over a reasonable length of time.
Find out MoreWhether you are a sole trader or a limited company director, we can help you work through your current financial problems including money owed to HMRC
Business Debts in ScotlandOur Insolvency Practitioners are regulated by ICAS or the IPA and our firm is authorised and regulated by the Financial Conduct Authority
We have FCA authorisation for advice relating to Debt Arrangement Schemes and we are regulated by the ICAS and IPA when giving advice as an insolvency practitioner leading to our appointment in formal insolvency proceedings
Fees and Information: There are fees associated with our services. These will be fully explained before entering into any of the personal debt solutions referred to on this website. Full details of our fees and how these are charged are fully explained to you prior to you committing to any particular service.