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New style ESA overpayment recovery
- Elidor
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2 years 7 months ago #270967 by Elidor
New style ESA overpayment recovery was created by Elidor
My husband receives 'new style' contributary based esa (support group). In April 2021, after leaving work on health grounds, he started getting an occupational pension of around £110 per week. After trying unsuccessfully to notify DWP by phone many times he sent a letter to DWP informing them of change and full details of what he would be getting. This was sent by special delivery. Last week he got a letter saying they were looking at giving him a civil penalty. We sent in copies of letter sent last year and proof of posting which they have accepted and he doesn't have to pay the penalty. Now he has received a letter saying there has been an overpayment of around £400. I know the law changed about all payments being recoverable even if due to official error. Does this apply to 'new style' contributary esa which I believe is part of UC now or not? I'm just wondering if its worth putting an MR in or would it be a waste of time? Any advice would be appreciated.
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- Gary
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2 years 7 months ago #270998 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic New style ESA overpayment recovery
Hi Elidor
With UC there is no such thing as an official error and therefore you will have to payback the overpayment.
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 NS 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
With UC there is no such thing as an official error and therefore you will have to payback the overpayment.
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 NS 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
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Elidor
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2 years 7 months ago #271002 by Elidor
Replied by Elidor on topic New style ESA overpayment recovery
Hi Gary
Thankyou for your reply.
I wasn't sure if 'new style' contributary based ESA was covered by the UC rules or not. I thought it might just be income based benefits. Is there no way of arguing against this debt then?
Thankyou for your reply.
I wasn't sure if 'new style' contributary based ESA was covered by the UC rules or not. I thought it might just be income based benefits. Is there no way of arguing against this debt then?
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- BIS
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2 years 7 months ago #271054 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic New style ESA overpayment recovery
Hi Elidor
No, there is no way of arguing against the overpayment. You could try contacting your MP and see if they will intervene. Some have been successful in helping claimants to have debts written off.
BIS
No, there is no way of arguing against the overpayment. You could try contacting your MP and see if they will intervene. Some have been successful in helping claimants to have debts written off.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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