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ESA Tribunal Win but taken back pay
- Tricia
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7 years 9 months ago #196243 by Tricia
ESA Tribunal Win but taken back pay was created by Tricia
Hi,
My son has recently won his tribunal case which has now placed him in the support group and was due to receive over £800 in back pay.
However he did owe money to the DWP for previous crisis loans he needed following sanctions by the DWP. He was paying this off by a small amount taken from his fortnightly payments. During the time waiting for his appeal, he has had to manage on very little money and has got behind with a few bills etc, therefore he was relying on receiving his back pay to get himself straight.
Today he has received a letter from the DWP informing him that they are keeping all of his back pay. As you can imagine he is very upset and is wondering if they should have indeed taken all of this money, before discussing and agreeing an increased amount to be taken from his fortnightly benefit. After all if he hadn't had to appeal in the first instance he would have been paid the increased amount for being in the support group and he probably wouldn't have been paying all of the enhanced amount back to them .
Is this decision appealable & if it is , what advice can you offer which would help him .
Thank you for your help.
Tricia
My son has recently won his tribunal case which has now placed him in the support group and was due to receive over £800 in back pay.
However he did owe money to the DWP for previous crisis loans he needed following sanctions by the DWP. He was paying this off by a small amount taken from his fortnightly payments. During the time waiting for his appeal, he has had to manage on very little money and has got behind with a few bills etc, therefore he was relying on receiving his back pay to get himself straight.
Today he has received a letter from the DWP informing him that they are keeping all of his back pay. As you can imagine he is very upset and is wondering if they should have indeed taken all of this money, before discussing and agreeing an increased amount to be taken from his fortnightly benefit. After all if he hadn't had to appeal in the first instance he would have been paid the increased amount for being in the support group and he probably wouldn't have been paying all of the enhanced amount back to them .
Is this decision appealable & if it is , what advice can you offer which would help him .
Thank you for your help.
Tricia
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- Gordon
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7 years 8 months ago #196271 by Gordon
It is standard practice to recover loans and over payments from any back payment of benefit all I can suggest is that he or you contact the DWP Debt Management team to see if he can at least be paid part of the monies.
DWP Debt Management contact centre
Telephone: 0345 850 0293
Textphone: 0345 604 6697
Calling from abroad: +44 (0)161 904 1233
Monday to Friday, 8am to 7:30pm
Saturday, 9am to 4pm
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Tribunal Win but taken back pay
Tricia wrote: Hi,
My son has recently won his tribunal case which has now placed him in the support group and was due to receive over £800 in back pay.
However he did owe money to the DWP for previous crisis loans he needed following sanctions by the DWP. He was paying this off by a small amount taken from his fortnightly payments. During the time waiting for his appeal, he has had to manage on very little money and has got behind with a few bills etc, therefore he was relying on receiving his back pay to get himself straight.
Today he has received a letter from the DWP informing him that they are keeping all of his back pay. As you can imagine he is very upset and is wondering if they should have indeed taken all of this money, before discussing and agreeing an increased amount to be taken from his fortnightly benefit. After all if he hadn't had to appeal in the first instance he would have been paid the increased amount for being in the support group and he probably wouldn't have been paying all of the enhanced amount back to them .
Is this decision appealable & if it is , what advice can you offer which would help him .
Thank you for your help.
Tricia
It is standard practice to recover loans and over payments from any back payment of benefit all I can suggest is that he or you contact the DWP Debt Management team to see if he can at least be paid part of the monies.
DWP Debt Management contact centre
Telephone: 0345 850 0293
Textphone: 0345 604 6697
Calling from abroad: +44 (0)161 904 1233
Monday to Friday, 8am to 7:30pm
Saturday, 9am to 4pm
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Tricia
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7 years 8 months ago #196313 by Tricia
Replied by Tricia on topic ESA Tribunal Win but taken back pay
Thank you & i will suggest he or his support worker calls the DWP. Hopefully he may get someone with some compassion & will be able to keep some of it.
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