- Posts: 23
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- Owe ESA money but appealing and now on UC?
× Members
Owe ESA money but appealing and now on UC?
- Jade
- Topic Author
- Offline
Less More
5 years 11 months ago #214460 by Jade
Owe ESA money but appealing and now on UC? was created by Jade
Hello,
My mother has had a letter from ESA saying she owes them £7000 and has been overpaid for the past couple of years, She had a small amount of savings I believe she did not declare which is the reason for this however she does not have any savings now therefore will struggle to repay them in the first place... not ideal I know.
When her ESA was stopped we appealed it which is awaiting a tribunal date and she is claiming the basic UC in the meantime which are waiting to hear back from UC following on from a completion of a health questionnaire too see if she can receive the higher payments which we believe she is fully entitled too as her health is constantly declining.
I don't feel however we will be successful at appeal with ESA as she now owes them money and the dispute is that they stopped it in the first place. Please advise?
Can we still continue to receive UC and aim to receive the higher rate? Should we continue with the ESA appeal regardless? I know they are both linked to the DWP but UC is a different benefit to ESA therefore I believe she can continue too receive this and it wont be affected following on from her owing on ESA?
Please help
Thank you, Jade
My mother has had a letter from ESA saying she owes them £7000 and has been overpaid for the past couple of years, She had a small amount of savings I believe she did not declare which is the reason for this however she does not have any savings now therefore will struggle to repay them in the first place... not ideal I know.
When her ESA was stopped we appealed it which is awaiting a tribunal date and she is claiming the basic UC in the meantime which are waiting to hear back from UC following on from a completion of a health questionnaire too see if she can receive the higher payments which we believe she is fully entitled too as her health is constantly declining.
I don't feel however we will be successful at appeal with ESA as she now owes them money and the dispute is that they stopped it in the first place. Please advise?
Can we still continue to receive UC and aim to receive the higher rate? Should we continue with the ESA appeal regardless? I know they are both linked to the DWP but UC is a different benefit to ESA therefore I believe she can continue too receive this and it wont be affected following on from her owing on ESA?
Please help
Thank you, Jade
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51293
5 years 11 months ago #214488 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Owe ESA money but appealing and now on UC?
Jade
Her being entitled to ESA (or Limited Capability for Work under UC), is a separate matter from her payments being stopped due to her savings, so if she now has no savings then she should not have any problems with her UC.
Any appeal for her ESA would be about whether her saving did indeed prevent payment of her ESA, from and until when and how much the over payment is.
Gordon
Her being entitled to ESA (or Limited Capability for Work under UC), is a separate matter from her payments being stopped due to her savings, so if she now has no savings then she should not have any problems with her UC.
Any appeal for her ESA would be about whether her saving did indeed prevent payment of her ESA, from and until when and how much the over payment is.
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.
- Jade
- Topic Author
- Offline
Less More
- Posts: 23
5 years 11 months ago #214527 by Jade
Replied by Jade on topic Owe ESA money but appealing and now on UC?
Hello,
Ok thank you. So should we still continue with the Appeal for ESA also?
Thank you, Jade
Ok thank you. So should we still continue with the Appeal for ESA also?
Thank you, Jade
Please Log in or Create an account to join the conversation.
- Jade
- Topic Author
- Offline
Less More
- Posts: 23
5 years 11 months ago #214528 by Jade
Replied by Jade on topic Owe ESA money but appealing and now on UC?
Hello,
Also my mum sent the medical questionnaire back to UC roughly 2 months ago, How long is it until we should expect to receive a response from them? Thank you, Jade
Also my mum sent the medical questionnaire back to UC roughly 2 months ago, How long is it until we should expect to receive a response from them? Thank you, Jade
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51293
5 years 11 months ago #214549 by Gordon
That's up to your mother and whether she feels the over payment was correct or not.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Owe ESA money but appealing and now on UC?
Jade wrote: Hello,
Ok thank you. So should we still continue with the Appeal for ESA also?
Thank you, Jade
That's up to your mother and whether she feels the over payment was correct or not.
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.
- Gordon
- Offline
Less More
- Posts: 51293
5 years 11 months ago #214551 by Gordon
There is considerable variation in wait times across the country with some claimants not receiving an appointment for nine months or more.
You/she should contact Maximus for an update for your area.
www.chdauk.co.uk/contact-us
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Owe ESA money but appealing and now on UC?
Jade wrote: Hello,
Also my mum sent the medical questionnaire back to UC roughly 2 months ago, How long is it until we should expect to receive a response from them? Thank you, Jade
There is considerable variation in wait times across the country with some claimants not receiving an appointment for nine months or more.
You/she should contact Maximus for an update for your area.
www.chdauk.co.uk/contact-us
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.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris