Trouble with Work and Income: Penalties, investigations and overpayments
Overpayments: When you’re paid too much by mistake
What will happen if Work and Income have overpaid me?
Social Security Act 2018, ss 353, 354, 362, 363, 444 Social Security Regulations 2018, s 208
If Work and Income overpaid your income support, you’ll generally have to pay it back. You can negotiate to come to a repayment plan.
If Work and Income tell you that you’ve been overpaid, you should contact a benefit-rights organisation (see: “Where to go for more support” at the bottom of this page).
You shouldn’t have to pay it back if:
- the overpayment was caused partially or entirely due to a mistake by Work and Income (such as if they gave you the wrong information),
- you didn’t intentionally contribute to the mistake,
- you received the payment in good faith and changed your position (for example, you bought something) believing that you were entitled to the money and wouldn’t have to pay it back, and
- it would be unfair (“inequitable”) to expect you to pay it back.
I don’t think I was overpaid – how do I challenge that decision?
If you disagree with a Work and Income decision that you’ve been overpaid (for example, Work and Income made a mistake in calculating the amount of the overpayment), you can apply for a review by a Benefit Review Committee (see: “Challenging Work and Income decisions: Reviews and appeals“).
