Returning to work after ESA

My partner, who is self employed, had an accident and was off work for 7 months due to a complex multiple fracture. He was awarded the basic ESA and subsequently returned to work on the 20th of a month. His ESA was stopped from the 1st of that month, is that usual? If not can he appeal?

ATM he is required to pay back the 'overpayment'. I have looked on YouGov and can't find anything relating to this query.

Are you aware of the reason for your partner's ESA terminating from the 1st of the month, and on what grounds are the DWP recovering the alleged overpayment ie a failure to disclose a material fact or misrepresentation?

In any event, your partner is entitled to a formal decision letter terminating his award of ESA, together with reasons for the alleged overpayment and the grounds on which recovery is sought? He is also entitled to the right of appeal in these circumstances both against the adverse entitlement decision and the subsequent overpayment decision.

Thanks for that, the only letter he had told him he had been overpaid and was reequired to pay it back. When he telephoned he was told it was because he had gone back to work on the 20th full stop.

He's going to try to phone again.

devongirl wrote:

Thanks for that, the only letter he had told him he had been overpaid and was reequired to pay it back. When he telephoned he was told it was because he had gone back to work on the 20th full stop.

He's going to try to phone again.

Hi,

As CrazyDiamond intimates above, when he contacts the DWP he is entitled to a full explanation as to why his benefit was stopped from the 1st of the month and also a formal decision letter to the same effect.

If he is not satisfied with the response then he needs to find out if the reason for termination of benefit and repayment of the overpayment carries a right of appeal. This should be on the formal decision letter terminating his benefit.

Pete