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ESA for special needs

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6 years 11 months ago #187007 by Val MILNES
ESA for special needs was created by Val MILNES
Hi folks

My friend's daughter is claiming special ESA, she has no communication, is unable to walk, cannot feed herself, is doubly incontinent. Her father died a number of years ago and she is a beneficiary from her dad's pension. All this information has been submitted to DWP and they accept that she will never work. Just recently her mum received a letter from DWP to say that in calculating her ESA they had ignored her pension. This was their error and they say that she's been overpaid to the tune of £14,000 since 2009. They want this back and say that as her appointee, her mum will have to pay it. As a single mum she doesn't have that sort of money. They have already reduced her ESA to the correct amount having taken her dad's pension into account. Is it possible, that as it was their fault, that they can refuse to pay the overpayment back?

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6 years 11 months ago #187026 by Gordon
Replied by Gordon on topic ESA for special needs
V

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?


Providing they can show that they properly notified the DWP at the time that the claim was made or when the pension went into payment if this was later, then they should not be liable to re-pay the over payment, however, this won't stop the DWP offering them the opportunity to do this anyway so they should check the wording of the letter carefully.

If the DWP are demanding payment then I would recommend that they get face to face advice, they need access to a trained adviser who is able to act on their behalf in communicating with the DWP which we cannot do on the forum.

Do an internet search for "welfare advice" with their postcode, town or county.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 11 months ago #187027 by Gordon
Replied by Gordon on topic ESA for special needs
V

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?


Providing they can show that they properly notified the DWP at the time that the claim was made or when the pension went into payment if this was later, then they should not be liable to re-pay the over payment, however, this won't stop the DWP offering them the opportunity to do this anyway so they should check the wording of the letter carefully.

If the DWP are demanding payment then I would recommend that they get face to face advice, they need access to a trained adviser who is able to act on their behalf in communicating with the DWP which we cannot do on the forum.

Do an internet search for "welfare advice" with their postcode, town or county.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

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