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Supposedly been overpaid and desperate for help.

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5 years 6 months ago #217074 by Helen_Jones
I am currently awaiting a tribunal to appeal being moved from the support group to the work related activity group on ESA.
I've been waiting 7 months and there's still roughly and 8 week wait although I have requested an urgent tribunal.

I am claiming ESA on mental health grounds.

In the last few weeks several things have happened that I don't fully understand and the DWP doesn't seem to know exactly who I should be speaking to but they are going to take my benefits away.

1. I have been living with my partner for about 3 years, I informed the DWP of this and that he is in full time employment on a low wage. They say they were not informed that my partner was working full-time and therefore have been overpaying me the single person's ESA so my benefits will stop as of next week and it looks like I will have to pay them back a lot of money even though the mistake was not mine.
I have no proof I informed them of my change of status apart from I have made no effort to hide it from them and when filling in medical questionnaires and having a medical assessment I have mentioned my boyfriend and that he works.

I am receiving income-related ESA.

I am barely coping, I don't know what on earth to do and Citizens Advice Bureau hasn't been particularly helpful.

There is no way I could pay back what I supposedly might have to. We'll barely be able to afford food and I worry that we will lose our home.

If I were to win my appeal and I was put back in the support group and have back payment does that mean I would then be able to receive some ESA and would I get any of that back payment?

2. it's been about a year since the medical assessment I'm appealing and so of course another questionnaire has arrived. Do I need to fill this in as I'm still appealing last year's decision?

The DWP tell me to contact the medical assessment service to find out and the medical assessment service tell me to contact the DWP to find out.
All I know is I'm already experiencing suicidal thoughts and awaiting a new psychiatrist as my last one was dreadful.
I can't go through another medical and I have absolutely no idea who to turn to.

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5 years 6 months ago #217085 by Gordon
H

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?



Based on what you have posted.

At the risk of worrying you further, this is a serious matter and I can only offer limited advice on the forum you really need the assistance of a trained Welfare Rights advisor, do an internet search for "welfare advice" with your postcode, town or county, to see if there are any other agencies in your area other than the CAB.

If your partner is working 24 or more hours a week then you have no entitlement to payment of your Income Related ESA, this would mean that all of the ESA paid to you in the last three years has been paid in error. It also means, even if your appeal is successful, that you will not receive any back payment of your ESA to help you with the overpayment.

You also lose any right to the benefits passported by your ESA such as free prescriptions and dental care.

Your partner's working prevents payment of your ESA it does not remove your eligibility for the benefit, even if you do not receive any money you will still be credited with NI Contributions that count towards a full State Pension. You also need to consider whether you can overturn the Decision to stop your ESA payments, so you really need to complete the new ESA50 that you have been sent. If you don't then your claim will be closed.

Please use our ESA Claim guides to help you complete the ESA50, see

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: TheMerlin486

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