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I've made a monumental error

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7 years 11 months ago #156834 by Gordon
Replied by Gordon on topic I've made a monumental error

worrywart wrote: Civil penalty what is that. Well I really am sucidal now - I'm having major surgery tomorrow I'm in hospital 100 miles from home. I,will,pay it back. It is a genuine error and yes I know you will think everyone says that.


A Civil Penalty is a fine for failing to report information that could affect your claim.

As important as it is for you to deal with this matter it strikes me that you really need to concentrate on your impending operation and getting better from that.

Gordon

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7 years 11 months ago #157191 by worrywart
Replied by worrywart on topic I've made a monumental error
Now that I've recovered from this terrible shock if like to ask a further question. I seem to recall this was a telephone complication. There is no way on earth I would have answered NO if asked the question about having a private pension. I seem to recall the person asking the questions said that as I was claiming contributory benefit it wouldn't take s long as he wouldn't need to ask so many questions. Could it be that he never asked the question and the answer was just assumed to be more. I'm not clutching at straws, I will pay the money bank but I do not understand how this error has occurred and just need to reassure myself I'm not going mad or senile.
Thank you.
Still in hospital and still devastated so please be gentle,

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7 years 11 months ago #157251 by Gordon
Replied by Gordon on topic I've made a monumental error

worrywart wrote: Now that I've recovered from this terrible shock if like to ask a further question. I seem to recall this was a telephone complication. There is no way on earth I would have answered NO if asked the question about having a private pension. I seem to recall the person asking the questions said that as I was claiming contributory benefit it wouldn't take s long as he wouldn't need to ask so many questions. Could it be that he never asked the question and the answer was just assumed to be more. I'm not clutching at straws, I will pay the money bank but I do not understand how this error has occurred and just need to reassure myself I'm not going mad or senile.
Thank you.
Still in hospital and still devastated so please be gentle,


Was this a new claim for ESA or were you transferred from another benefit to ESA?

If it was a transfer and your pension was in payment before the transfer then it's possible that the DWP have lost the information about it as record keeping for benefits such as IB appears to have been appalling.

If this was a new claim, then I would have expected you to have completed an ESA1, this could have been done by you or over the phone, but even if the latter then you should have received a copy to confirm the content and sign before your claim was actioned.

I'm afraid the bottom line is that unless you can show that you notified the DWP of your pension then you are liable for any over payment,

Gordon

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7 years 10 months ago #158605 by worrywart
Replied by worrywart on topic I've made a monumental error
I'm now home from hospital and have heard nothing, I have sent 2 letters and 2 emails as well as the initial phone call. I'm still in shock at this error and I know it's my fault and I will pay it back but I'm still shocked at how this could have happened. Is it worth asking for the transcript of the telephone application? Do they ask questions prior to the telephone application to establish if they need to then ask all the question on the form eg if its contribution based do they say well as its contribution based I dint need to ask you about your capital or income as its not means tested? I know you will think I'm clutching at straws but there is no way I would have answered no to a question on the receipt of a private pension. Plus of course the numerous phone calls I made a few months after my award to ESA for advice on whether ESA was taxable because I had been awarded a private pension - yet none of this was picked up. What makes it worse for me of course is I worked in the housing benefit office for 25 years yet I genuinely believed contribution based Esa was not means tested. I know in the housing benefit office if a claim came in from someone who had worked in for example a local authority for many years and had finished in ill health, the fact a private pension was likely would have been flagged up and the question asked to the customer again, if it had not been declared. I'm just perplexed by it all.

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7 years 10 months ago #158628 by Gordon
Replied by Gordon on topic I've made a monumental error
worrywart

I assume you made your claim for ESA over the phone, were you sent the ESA1 to sign?

You can request a copy of the phone conversation if it is still available by making a Subject Access Request.

SAR :

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

From this page :

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

I'm afraid I do not know what the DWP procedures are for an ESA claim over the phone, but I can't see any reason why their staff would not have asked about any pension income when processing an ESA(CB) only claim, it's a set of question on the ESA1, but that does not mean that they did.

Gordon

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

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7 years 10 months ago #159336 by worrywart
Replied by worrywart on topic I've made a monumental error
Hi all, well it's now been 5 weeks since I realised my error. I'm still devastated and can't believe this has happened, I have sent several letters and spent a long time on the phone but to no avail. It seems to be complete chaos. I was told my paperwork had been scanned onto someone else's claim and then I was told that even though I send stuff recorded delivery, that was no guarantee they would receive it.
I don't know how to progress this - I just want to pay it back and get it done with. I think I'm still entitled to some ( I understand they disregard £85 of any private pension and then 50% of the excess is taken off your Esa entitlement ) . I've sent in my latest proof of pension but have heard nothing - all that has gone into my account is a £10 Christmas bonus ?? In April!!
I really can now appreciate how the DWP pushes people over the edge, I'm so glad when I worked as a benefit officer for 25 years in the council, I was compassionate and helpful! Anyone got any tips how to progress this? I have been told they don't do face to face. Yu can't speak to a manager and they promised a call back which didn't materialise, I'm recovering from a perforated bowel after repeated surgeries, I'm not in a good place physically or mentally.
Thank you

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