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ESA & Pensions

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5 years 9 months ago #213162 by Renward
ESA & Pensions was created by Renward
Having used the excellent forum in the past I am once again needing help from somebody, somewhere.

I have a nasty feeling I already know the answer to this one, but here goes :

I have been receiving ESA since I finished work (from the NHS and civil service) due to ill health.
I was awarded a half pension on the basis of 19 years in the civil service not long after this. This was 2007. I had never concealed this fact from the DWP and it was included on all documents sent to them.
Last year the DWP accused me of deliberately hiding this pension from them. They threatened to recoup the overpayment, which is substantial, and also fined me £50 for the priviledge.
Alas we hadn't kept copies of forms we had filled in from 2007-2012 and we pointed out (apparently in vain) that we had never concealed the pension (which is about £600-700 a month after tax). I even possesed a copy of a statement that referred to the pension written by me to them in 2012 and they had even stamped it seen.
But no they won't leave me alone. I've had my ESA cut by half since December last and they are now asking for more details of my pension, presumably with a view to recovery of what the call the overpayment.
I obviously don't have the thousands they say I owe them so they will probably take it out of my monthly ESA payments. That leaves us with ESA of virtually nil and will have to live on just our pensions.
Can anybody advise the next course of action or is there nothing I can do ?

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5 years 9 months ago #213174 by Gordon
Replied by Gordon on topic ESA & Pensions
Renward

You need to concentrate on showing that you provided details of your pensions to the DWP when you first applied for ESA or when the pensions became payable.

Make a Subject Access Request for the documents from the relevant period, either the ESA1 that you would have completed when claiming ESA or any other documents that you completed or sent to them

SAR :

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

From this page :

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

There may be a secondary issue of your not contacting them annnually to notify them of any changes to your pension payments, this will be more difficult to argue against unless the payments are fixed. There is an onus on the claimant to notify the DWP of changes that might effect their benefits.

I would also get face to face advice if you can as you may need assistance dealing with any correspondence from the DWP, which it is not practical for us to do on the forum. Do an internet search for "welfare advice" with your postcode, town or county.

Gordon

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

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5 years 9 months ago #213892 by Renward
Replied by Renward on topic ESA & Pensions
Thankyou very much Gordon.

I have written to the lovely people at the DWP and asked for this information. That ought to keep them amused for a while.

I don't expect anything to come of this other than a demand for repayment of 6 years worth of 'overpaid' ESA, which will of course cripple us and make me even sicker than I am now. Thanks DWP, thanks a lot.

Will they start deducting from my PIP as well ?

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5 years 9 months ago #213896 by Gordon
Replied by Gordon on topic ESA & Pensions
Renward

If there is an overpayment and it is recoverable then I would expect the recovery to be done only through your ESA claim.

Gordon

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

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