Unpaid Carer Fights Back – Challenging DWP Allowance Overpayment Penalty in Court

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Keir Starmer

An unpaid carer, Andrea Tucker, is preparing to challenge an “unfair and nonsensical” demand from the Department for Work and Pensions (DWP) to repay £4,600 in carer’s allowance overpayments.

Despite following benefit rules as advised by the same department for years, she now faces a tribunal, a battle she says has taken a toll on her health.

“It’s like the Post Office scandal – it takes the little people to stand up,” Tucker told The Guardian, determined to fight for justice.

Carer’s Allowance

Carer’s allowance is a vital support for many unpaid carers across the UK, but rigid enforcement of earnings limits has led to thousands unknowingly breaching the rules and accumulating debt.

One key issue is “averaging”, a practice that allows carers with irregular earnings to spread their income over several months to remain within legal limits. Previously accepted by the DWP, new guidance introduced in March 2020 significantly restricted this flexibility.

This change, which carers were not directly informed about, led to overpayment demands, with some carers unknowingly accumulating large debts due to one-off payments, holiday pay, or bonuses.

Andrea Tucker’s Case

Tucker, 57, from Chessington, Surrey, had cared for her mother for 15 years while working part-time. In July 2019, she called the DWP to check whether her irregular earnings from a new job would impact her carer’s allowance. She was told as long as her annual earnings stayed within limits, she would not be penalised.

However, under the March 2020 rule change, 12-month averaging was no longer allowed, leading to her unknowingly breaching the £151 weekly earnings limit 16 times between 2019 and 2024. Instead of alerting her, the DWP let the overpayment accumulate, then demanded repayment years later.

To comply with the rules, Tucker even worked up to six hours for free some months to stay within the threshold. Despite this, she was still hit with a demand to repay £4,600.

Political Support

Liberal Democrat leader Ed Davey, who is himself an unpaid carer, has taken up Tucker’s case. He raised the issue in Prime Minister’s Questions, prompting Keir Starmer to promise a review.

Davey has called for the government to:

  • Write off Tucker’s debt
  • Suspend all carer’s allowance overpayment demands
  • Wait for the results of an independent review into the carer’s allowance system

“The way DWP treated Andrea and thousands of carers like her makes my blood boil,” said Davey. “The government urgently needs to get to the bottom of this and put things right.”

Labour has pledged to end the carer’s allowance overpayment scandal, which has forced 134,500 unpaid carers to repay a total of £251 million. More than 600 carers have even been prosecuted for fraud since 2019.

Overpayment Trap

Carers must not earn more than £151 per week while claiming carer’s allowance. However, even earning just £1 over the limit for 52 weeks results in repaying over £4,258—not just the extra earnings, but the entire allowance received for the year.

Over Earnings by (£/week)Annual Overpayment to Repay
£1£4,258.80
£5£4,258.80
£10£4,258.80

This “cliff-edge” rule leaves no room for flexibility, trapping carers in severe financial hardship.

Fair Treatment

Tucker will present her case at a social security tribunal on Tuesday, armed with detailed earnings records showing she never exceeded annual limits. Her case could set an important precedent for thousands of carers in similar situations.

Meanwhile, a government-commissioned independent review into carer’s allowance is underway. A DWP spokesperson acknowledged that overpayments have caused anxiety and stress, stating:

“We recognise overpayments have caused anxiety for people, that’s why it is important to take the time to independently review these circumstances so we can find out exactly what went wrong and make things right.”

For now, unpaid carers across the UK will be watching Tucker’s tribunal closely, hoping for a fair outcome that could finally bring justice to thousands like her.

FAQs

Why does Andrea Tucker have to repay £4,600?

The DWP changed its rules in 2020, making her previous earnings arrangement invalid.

What is the carer’s allowance earnings limit?

Carers cannot earn more than £151 per week while claiming carer’s allowance.

How can I check if I owe an overpayment?

You can check your DWP correspondence or contact them directly for details.

What happens if a carer earns over the limit?

They must repay the full allowance for that period, not just the excess earnings.

Is the government reviewing carer’s allowance rules?

Yes, an independent review is underway to assess overpayment issues.

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