Disability Premium

Hi JPC,

You have not specified exactly what sort of disability premium you were wrongly awarded. I am assuming that this would be 'severe disability premium'. SDP is awarded for people on means tested benefits such as ESA, who are in receipt of the daily living rate of PIP (at either level, with or without a mobility component.) You also have to live alone without having anyone claim Carer's Allowance for caring for you. Alternatively, you could be part of a couple where both of have PIP DL and neither of you have a carer claiming CA. As you do have a care with CA, then SDP is not allowed, and this would amount to an overpayment - and of course will not get paid in the future - so the ESA is reduced.

A simple Disability Premium can never be paid with ESA (as the money this represents has already been factored in to the ESA amount itself.) If DWP pay this, then this is clearly their fault, and no repayment request should be made to you. This would amount to 'official error'. However, I am not sure that this is what you are referring to.

If this query is about the SDP, then DWP may argue that you need to repay the overpayment. They may send a letter saying 'you must repay...' but it may not necessarily be correct that you do have to repay. If DWP has caused the problem eg by ignoring information that you have sent in or phoned in, then it is likely that 'official error' has occurred and you are not obliged to repay any money. DWP will need to prove that you have either failed to disclose a material fact, or misrepresented something. (The latter is usually via fraud.) AND because you failed to disclose, then an overpayment has occurred.

You have not specified whether or DWP have requested repayment. Depending on the circumstance DWP may accept it was their 'official error' and take the matter no further than stopping the unlawful payments, as they have already done.

If DWP do request repayment the important thing here is what was said/communicated to DWP. Unfortunately you can't assume that because eg Carer's Allowance department knows information, that it will shared with the ESA team. Just because your carer was present at an assessment again this is not sufficient to show ESA team are aware that your carer claims CA. You say 'Esa were informed that i have a carer'. When and how did this occur - do you have anything in writing, either your notes, or letter from DWP. All of this is evidence that you did indeed DISCLOSE the relevant information, and it is not your fault, and hence it is unlikely that you will need to repay any money. However, this is a complicated area of law, and if DWP do request repayment, prompt advice from a welfare benefits advice centre such as CAB is vital. Whilst I appreciate that you deny any fault, sometimes the failure to disclose can be an innocent mistake, or simply something not reported at the beginning. Also, DWP might allege that you have been fraudulent even though you deny any fault- if DWP do this then seeking immediate specialist advice is even more important.

I hope this helps, and can be easily resolved. Good luck.

LL26

Hi JPC,
As I stated earlier, if DWP knew you had a carer ax they say, then it is 'official error ' and you wouldn't need to repay, even if asked. Just a small note of caution, if DWP can argue that you ought to have known about the overpayment, even though you didn't cause it , you may still be liable to pay. I apologise that I forgot to mention this earlier. Anyhow, let's see what DWP say!
Good luck.
LL26