ESA OVERPAYMENT!

Just when I thought things couldn't get any worse - endless errors made by Jobcentre have caused my life a misery. Waiting for appeal date and now dreading every brown envelope that drops through my letterbox.

I got a letter saying I owed X amount due to an overpayment of ESA dating back to earlier this year when I made a claim for ESA. It stated that I did not declare all my earning to the Benefit Office. When I phoned up I was told it was relating to the start of my ESA and the fact that I was in receipt of Working tax credits. I am furious as I did declare it on my claim, of which I have a copy. I also phoned up the Jobcentre and went through my claim on the phone (My initial claim was taken over the phone), but there were so many discrepancies I went through each question with them. I also informed them that I had contacted the tax office when my employment was terminated due to ill health and that they said I would receive 4 weeks Working Tax Credits as it was paid in arrears.

I am deeply upset as the letter has come from a debt management centre and makes me feel like a criminal. I have now sent all the evidence I have, and it's not my fault the Jobcentre got it wrong. The laughable thing (or not) is that the Jobcentre has offered me 2 lots of compensation for their continuous errors, which by the way I am still waiting for

How do I stand? I simply cannot afford to pay back this amount of money.

If as you have said there is no failure to disclose a relevant and material change of circumstances, and/or there has been no misrepresentation of the facts when you claimed ESA, this is an official error overpayment and would therefore not be recoverable.

You should write to the DWP pointing out that there may be an official error involving the alleged overpayment, and therefore it is not recoverable. In fact, it may be advisable to appeal the decision immediately as a reconsideration will automatically be undertaken in advance of the appeal, which may rescind the overpayment decision?

The form for making an appeal is form GL24.

I did send a letter and copies of my evidence, as I was told to do. Do you think I still need to send an appeal using form GL24. This is causing me immense stress.

Thank you for you prompt reply, it is very much appreciated.

Yes, you will need to submit form GL24 in the absence of any decision by the DWP to reconsider the alleged overpayment decision.

The receipt of form GL24 by the DWP will at the very least suspend the recovery of the overpayment until the appeal is heard, after which time hopefully the alleged overpayment will be deemed as not recoverable by the tribunal, if the DWP do not change their adverse decision in the interim period.