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6 years 2 months ago #215276 by lisa2k2uk
Esa was created by lisa2k2uk
Hi if someone could help me. I worked for nhs for many yrs and had an accident and was ill health retired off.
I am in receipt of Pip and ESA and they were informed of the pension.
I lost my partner last year 37yrs old to pneumonia he had a dicfuntional relationship with her . The reason for telling you this is that this vindictive person thought she would write and tell dwp that I had a nhs pensions .After receiving a letter from fraud I had a conversation with a nice lady whom listened to my story and she said I had done nothing wrong that she could see the nhs information I had given them.
I received a letter 20th July some 8 weeks since I had spoken with fraud. This letter advised me that I was having my living allowance taken of me until they are in receipt of statement of the amount I'm being paid each month. On top of this they have stopped my severe disability allowance and the other component you get along side the £62. They have stopped £150 in total per week plus housing benefit. I'm not getting answers only that they need statements from pention before they can do anything. For the pension I get is under the £85 you are allowed anyway. Can someone help me plse. I also have a Pip as anything changed to fill in to I'm in a state plse anyone help appreciated
Many thanks

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6 years 2 months ago #215286 by Gordon
Replied by Gordon on topic Esa
Lisa

Your post indicates that you are receiving Income Related ESA, this should have been affected £ for £ by your pension, which appears not to have happened.

You say that the DWP confirmed that they were aware of your pension, I would request written confirmation of this by making a Subject Access Request

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

If the pension has not been deducted then I would expect there to be an overpayment of your ESA, you need to show that this was the DWP's error and that it is not recoverable.


Has the amount of your pension changed and if it has have you notified the DWP of this?

If you haven't then they may say that you had a duty to notify them of any change to pension payments and that this is reason to recover any overpayment. If this happens then you are going to need face to face advice.

Gordon

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

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