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ESA -wrong amount being received, what should I do

  • queenlatifa
  • Topic Author
11 years 9 months ago #88612 by queenlatifa
I was on IB but, when I appealed, the payments changed and I was getting ESA.

When I was receiving IB, they reduced what I was receiving as I am in receipt of a company pension. When it switched to ESA, they didnt reduce it.

I kept thinking that they would sort it out but they didnt. I phoned them this week to tell them and they basically said that its impossible for them to pay me the wrong amount. I said, "but you are though." he said did you fill in everything correctly, I said yes. he said you're getting paid the right amount then. I said , I'm not though!!! They used to reduce my IB because of my pension and now they arent with ESA. he said, if you dont want it, I'll have it!?!?!?!

I then said look, what happens if they suddenly realise that I've been getting paid the wrong amount, will I have to pay it back, they said no.

But, I'm worried about it!

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11 years 9 months ago #88613 by Gordon
QL

It is my understaning that if your pension was not diregarded under IB then it will not be under ESA, but there may be exceptions to this that are not related to the Transitional Protection.

As we can't be specific in our advice, I would suggest you get face to face advice over the matter, you local CAB or Welfare Rights office should be able to help you.

One thing you don't mention is whether you have informed the DWP in writing, if you have not, I would wait to do so, until you have seen someone, but you definititely need to do this at some point in the near future.

Gordon

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

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  • queenlatifa
  • Topic Author
11 years 9 months ago - 11 years 9 months ago #88616 by queenlatifa
I think the Transitional protection is the amount that is paid is protected? i'd get the same or more with the change from IB to ESA?

Every year, around September, they used to send a form for me to fill in with all the pension details, amount etc and they used to reduce the IB accordingly.
Last edit: 11 years 9 months ago by slugsta.

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11 years 9 months ago #88620 by Gordon
QL

The Transitional Protection is what enables claimants who's pension was disregarded under IB to have it disregarded under ESA, amongst other things.

As I said previously, you need to get advice on this and make sure that you inform the DWP in writing of your concerns.

Gordon

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

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