ESA claim review

Hope you can help. We have recently been contacted about my husbands ESA/ incapacity benefit which has been paid since 2000. On the review of the case they have decided that the benefit should have never been claimed as my husband was in receipt of long term sick insurance. However this was declared at the time of the claim, and the dwp interviewer confirmed that this had been declared on the form and they have the form on their records. We our at the point that a statement has been taken and our case is going for review on whether the Manet should be paid back. Can anyone help on where we stand on repaying the funds as we were never at error in the first place? Any help appreciated.

gizmo wrote: Hope you can help. We have recently been contacted about my husbands ESA/ incapacity benefit which has been paid since 2000. On the review of the case they have decided that the benefit should have never been claimed as my husband was in receipt of long term sick insurance. However this was declared at the time of the claim, and the dwp interviewer confirmed that this had been declared on the form and they have the form on their records. We our at the point that a statement has been taken and our case is going for review on whether the Manet should be paid back. Can anyone help on where we stand on repaying the funds as we were never at error in the first place? Any help appreciated.

Hi g,

As far as I am aware, an overpayment can still be clawed back, even if it is proven that the claimant/recipient of the overpayment followed procedures and is not at fault.

I am not saying that this will be the case in your personal situation.

This is quite a complicated area of benefits law and you should try and obtain professional face to face advice as it is not that clear cut an issue.

See : Where to get advice?

Or try putting Welfare Rights/Advice into Google with your Town/Postcode.

bro58