Do I need to pay back ESA?

Hi JA,
As far as I am aware the only thing that will affect your ESAcb is your occupational pension, but only if this us over £85 per week If so, and I think yours is just above the limit your ESAcb will be reduced by half the amount over the limit.
ESA cb is not affected by income.
The questioning that DWP gave suggests that they might believe you receive income based ESA. This might just be an over zealous adviser, or the computer may record this. Perhaps best to check, as clearly if you are actually on ESAib this would be wrong,can you could be clocking up an overpayment.
The only word of warning I would make is that you clearly get ESA because you are too ill to work, if it appears that you are running a business, then DWP might also question your entitlement to receive any kind of ESA. The sickness criteria is of course the same for either version of ESA.
Again if DWP think you can work, then they may supercede (cancel) your ESA and again this could incur an overpayment.
Of this is your husband's business then this is ok, but, you do use the word 'we' have a holiday let, which raises some doubts.
As for tax matters, this is out of the scope for this forum but clearly if you start making a profit, then you may have to pay tax. Obtaining an accountant and keeping proper accounts is always a good idea for a business.
So, just to recap. Aside from your pension, ESAcb will not be affected by other income. You have declared your pension and hence it is incumbent on DWP to calculate and make the correct reductions.
In the event thst you think you are on ESA cb and DWP think it's ESAib, then if they have overpaid you it is likely you can argue official error on the basis of confusion of the benefits and because you have told hem about all the income etc. I trust that you have kept details of phone calls or any correspondence with DWP about your income, in case this is required.
Please have a look at your award notice, (you should have an initial one and perhaps one each year?) Make sure this says Contribution based ESA. If not you may wish to contact DWP and determine exactly what sort of ESA you have been receiving and since when. You may wish to clarify why you need to send accounts for when you are on ESAcb.
Do not ignore this problem, as it could easily escalate if DWP have made incorrect assumptions.
If you have any problems then please seek advise from a specialist welfare rights organisation such as CAB or other local advice centre. You can find a local centre here:
advicelocal.uk/
I'm hoping you were speaking with an overzealous adviser from DWP. If not then there may be an overpayment, but if this is the case DWP should send you a notice explaining the overpayment and how it is comprised. As mentioned earlier, if there has been official error then you shouldn't need to repay anything.
So even IF there is an overpayment, and of course this is at present supposition not reality it is possible you will not need to repay anything, even though DWP letters tend to suggest you have to!
If you get such a letter do seek immediate advice to clarify this. You may need to appeal.
I hope this helps.
LL26

Hello JA,

To add to LL's excellent reply I just wanted to add that you are not at risk of having to go prison.

Sending a virtual hug,
Catherine

Hi JA

By the sounds of it DWP have already taken into account your pension as you state 'My occupational Pension is just under £100 a week and my ESA is adjusted accordingly'
as LL26 stated earlier If you received an occupational or personal pension that pays more than £85 a week then your contributory ESA payment is reduced by half of the amount over this limit.

For example, if you receive £105 a week before tax from a personal pension , your ESA is reduced by £10, ie half of the excess figure of £20. If you receive more than one pension then they are added together for the calculation.

Gary