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ESA stopped and told I have been overpaid - help!!

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7 years 4 months ago #176729 by judethepud
Hi
Please forgive me if I get this wrong, but it's my first post on this forum.
I've been in receipt of contribution-based ESA since April 2015 and was placed in the Support group in June 2016. I have been very ill indeed, and had applied for my occupational pension on the grounds of ill-health. So concerned was I to obey the rules that I phoned the DWP on at least two occasions to check that they knew this and to ask if I needed to tell them about the pension or pensions. I was told that I didn't need to inform them, and that my ESA was not means-tested. I was told that I would continue to be entitled to ESA as long as I qualified for it, and not to worry.
My pension was finally awarded in April 2016.
Imagine my horror when, this morning, I received a very threatening letter accusing me of not having told the DWP about my pension, and stopping my ESA (just before Christmas).
The letter also informs me that I 'may have to pay back the money and ...may also face a financial penalty or prosecution.' Please advise as I am extremely distressed.

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7 years 4 months ago - 7 years 4 months ago #176746 by Gordon
Jude

I am going to recommend that you get face to face advice as this is an issue that really needs someone to act on your behalf when speaking to the DWP, something that we cannot do on the forum. Do an internet search for "welfare" advice with your postcode, town or county.

You have been seriously misadvised by the DWP when you originally contacted them. Contribution Based ESA can be affected by pension income, the first £85/week of pension is disregarded, but after that your ESA(CB) will be reduced by £1/week for every £2/week of pension above the £85.

Did you keep a note of the date and times of your phone calls?

I would issue a Subject Access Request for copies of the two calls you made. See

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

If you can retrieve these then it should show that you notified the DWP and received incorrect advice and that this is a DWP error, if you can then you should not be required to pay any money back, but your ESA(CB) may be reduced from now on.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 4 months ago by Gordon.
The following user(s) said Thank You: judethepud

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7 years 4 months ago #176755 by gillyk59
Hello,

Something very similar happened to me. Although I had written not phoned and didnt send it tracked post. The over payment was just short of £7000, They didnt stop my ESA but have reduced the amount of what I should receive by two thirds until it is repaid. I had a letter telling me of the overpayment then a visit from the DWP official who tried to break it to me gently even though I already knew. If it is going to cause you financial hardship to repay at the highest amount they can take, you will need to provide details of your income and expenditure/ If your savings are more than £500 they will take the equivalent of two thirds of your payment. My savings were a little more than £500 and they would not budge on the level of the repayments. O am on CB ESA in the support group.

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7 years 2 months ago #182495 by judethepud
Hi
I am updating this post based on events that have taken place since my initial request. Gordon - thank you for your very helpful response. I took your advice about making a request for personal information and also subsequently wrote a letter to the Fraud Officer, explaining what I felt had happened and how this situation was impacting upon my already very poor mental health (the reason I was receiving ESA in the first place! My husband is also in receipt of PIP and our health needs place us in a very vulnerable position.
I did not hear anything for a long time, then the information I had requested finally arrived. As I had recalled, there was indeed a phone call that I had made to a Benefits office, during which I had asked for advice and had been essentially told that I did not need to inform the DWP of any change to my pension. In my opinion, this exonerates me. I didn't contact them after listening to that, but next received a form, asking me to complete details of the 'undeclared' pension. I did so, and have today received notice of an upcoming 'Local Service Compliance Telephone Interview'. The letter also states that, 'any overpayment will have to be paid back. Further, you may be liable for financial penalties.' So much for my honesty and my serious psychiatric disorder!!
I'm guessing you may simply reiterate your advice that I seek professional help, so I'm setting about that now. I haven't appealed the decision to stop my ESA because that wasn't wrong, but I don't see why I should suffer further financial (or other) distress at their hands when I was (in my opinion) misinformed or, at the very least, I misunderstood because I had a trauma-related illness!! This whole episode has been very destructive for the health of both my husband and myself. Thank you for your support and for being there when I needed you.

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7 years 2 months ago #182514 by Gordon
Jude

It may not seem so, but a compliance meeting is actually a good thing given the circumstances, it could have been an Interview Under Caution, which would mean that are pursuing the matter as an issue of fraud.

The person interviewing you is merely compiling a document with a recommendation on action and it will actually be a Decision Maker who will decide what action they will take.

Whilst it obviously depends on the amount of your pension and it may make sense to wait until the over payment is resolved, but unless your pension is more than £300 per week (approximate) you should be entitled to some ESA(CB).

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: judethepud, ivyfox

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6 years 9 months ago #192655 by judethepud
Gordon, I have just posted an update about this as a new post. I didn't think to search for this old thread. Can you somehow link the two together? The saga is still continuing!
Thank you

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