ESA Overpayment due to Occupational Pension

In March 2013 I was retired early on grounds of ill health, due to a major depressive disorder, which continues to this day. I was not mentally in a fit state to comprehend that my pension would be viewed differently by DWP to my half-pay (both approx £800 per month). During this time I had been assessed for Sectioning, and was having weekly sessions with the Clinical Psychologist, and review meetings with the Psychiatrist, as you can imagine, my mind was not functioning at it's best. Income Tax was being deducted from my pension, as it had been from my half-salary, so I had no indication that I was doing something wrong.

Back in February I was one of the lucky 0.5% to be visited by somebody from the DWP auditors. This visit picked up that I had been in receipt of my Occupational Pension since March 2013, and had not informed the DWP of this. I have been in receipt of ESA since August 2012, initially whilst on half-pay from my employer, and am in the Support Group.

My ESA payments have since been reduced to the correct amount.

A few months after this visit, I received a letting informing me that I had been overpaid by approximately £6,000, which I had to repay, plus a Penalty of £50. This had an adverse affect on my mental health, and my brother wrote an appeal on my behalf, explaining the circumstances, and also pointing out that the amount requested was incorrect as I had repaid all ESA received up to May 2015, following a damages award from my employer. Hence I had actually only been overpaid from June 2015 to March 2016.

My brother requested that all future correspondence be sent direct to him, as he was concerned for my well being. I countersigned the letter, giving permission for him to act on my behalf.

Today I have received a letter informing me that £18.23 will be deducted weekly from my ESA payments until March 2023. There has been no response to my brother's letter, which was sent by Recorded Delivery, and signed for. The deductions will bring the total repaid to over £6000, which as explained earlier is incorrect. The letter also says that there is no right of appeal, as the sum relates to an overpayment.

Unfortunately, my brother's wife is now terminally ill, so I cannot expect him to follow this up for me. Due to my health, I am unable to cope with telephone calls, and it appears that writing letters to the DWP is a waste of time, as they disappear into the ether.

I was in the care of the Mental Health team until February of this year, and my GP is now going to refer me back to them. I am desperate as to how I can get this matter sorted, any advice would be most gratefully received.

Hi Gordon

Thank you for the quick response, and the advice as to where I can find help.

Much appreciated.