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TOPIC: I've made a monumental error

I've made a monumental error 7 months 2 weeks ago #156809

Hi all
I've just realised something catastrophic. I'm in ESA C support group and I haven't told them about my private pension. I thought that it wasn't means tested and I'm sure when I applied originally they didn't want details of income or capital for that reason , I'm devastated and it really was a genuine mistake. I've been really ill the last few years and this is the final straw. I'm in hospital now waiting major surgery and somebody mentioned it ion the ward. Someone mentioned they disregard £85 per week plus 50% of the balance of your private pension but it's still going to be w hefty overpayment. I want to pay it back straight away as I can't cope with anymore stres - a perforated bowel,has nearly killed me - thus may finish me off. How could I have made such a mistake.
Anyone been here and can you offer any advice please ?
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I've made a monumental error 7 months 2 weeks ago #156816

Hi ww,

I'm sorry that you are having to deal with this worry as well as your serious health issues :(

Yes, I'm afraid that 'contributory' ESA does not take into account any income or assets except for personal pension payments (some insurance payouts are also classed as pensions). This causes confusion for many people and does seem terribly unfair.

Were you on IB prior to the ESA? If you were and your pension was disregarded it should also be disregarded under ESA, although you would still be expected to inform DWP.

All I can suggest is that you get a letter sent to DWP as soon as you are able - the sooner this is sorted, the sooner you can stop worrying about it.

Gordon might have other suggestions too.

Please bookmark or favourite this thread on your web browser so that you can return to it easily in future. It helps us enormously if everything relating to the same issue is kept in one place :)
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 7 months 2 weeks ago by Mrs Hurtyback.
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I've made a monumental error 7 months 2 weeks ago #156822

Thank you for your response. I am devastated I have done this and I can't understand how it's gone unnoticed for so long but then again they don't really contact you much. I also know I phoned them several times because I was having a tax problem because I was in receipt of this pension plus Esa but it was never picked up, all my paperwork,is at home and I'm in hospital 70 miles away awqiting major bowel surgery. Do they take circumstances into account re recovery of overpayments ?
Plus is it true I may still be entitled to some owing to the calculation they do thereby reducing the ultimate overpayment.
What a disaster.
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I've made a monumental error 7 months 2 weeks ago #156826

Hello Worrywart
Hello Worrywart,
I was in the same position even though I had written and informed the DWP, they claim they never received the letter. I still had it stored on an old computer but this wasnt enough. The overpayment was nearly £7000 and they have been taking repayments from my ESA contribution based for several years now. My repayments mean that I only get a fraction of my ESA each fortnight. They leave me with less than £40.00 as I have a bit more than £500 in savings they say I can afford this. Please dont stress, let them know and offer to repay in instalments.
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The following user(s) said Thank You: worrywart

I've made a monumental error 7 months 2 weeks ago #156827

  • Gordon
  • OFFLINE
  • Forum Moderator
worrywart wrote:
Thank you for your response. I am devastated I have done this and I can't understand how it's gone unnoticed for so long but then again they don't really contact you much. I also know I phoned them several times because I was having a tax problem because I was in receipt of this pension plus Esa but it was never picked up, all my paperwork,is at home and I'm in hospital 70 miles away awqiting major bowel surgery. Do they take circumstances into account re recovery of overpayments ?
Plus is it true I may still be entitled to some owing to the calculation they do thereby reducing the ultimate overpayment.
What a disaster.

They do take your circumstances into account but there are rules that they work to. There is also a possibility that you will receive a Civil Penalty for failing to notify the DWP.

I would recommend that you get face to face advice as you need someone who can look at all of the paperwork associated with your ESA and your pension. Do an internet search for "welfare advice" with your postcode, town or county.

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

I've made a monumental error 7 months 2 weeks ago #156830

Civil penalty what is that. Well I really am sucidal now - I'm having major surgery tomorrow I'm in hospital 100 miles from home. I,will,pay it back. It is a genuine error and yes I know you will think everyone says that.
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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