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ESA Query
- Gumboots
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2 years 4 months ago #273130 by Gumboots
ESA Query was created by Gumboots
My husband is in contribution esa had has been for approx 1 1/2 years. He has been finished from work and awarded a substantial compensation payment, minus tax. Due to a miss calculation by the employer this was awarded in two payments, he has contacted DWP to inform them, they have requested proof of payment as well as the reasons why the payment was made. Will this affect his ESA payments in future? Many Thanks
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2 years 4 months ago #273241 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Query
Gumboots
As this was a compensation payment it should not be treated as pension income.
However, if the compensation is in regard to the reasons why your husband is claiming ESA then it is possible that the DWP may (I stress this is not a given), attempt to reclaim some or all of the ESA payments previously made.
See the following for further information
www.gov.uk/government/collections/cru
Gordon
As this was a compensation payment it should not be treated as pension income.
However, if the compensation is in regard to the reasons why your husband is claiming ESA then it is possible that the DWP may (I stress this is not a given), attempt to reclaim some or all of the ESA payments previously made.
See the following for further information
www.gov.uk/government/collections/cru
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 years 4 months ago #273283 by Gumboots
Replied by Gumboots on topic ESA Query
Many thanks Gordon for your reply, reasons stated by work in the dismissal letter, 'Failed to return in a reasonable timescale'. However, it also mentions, 'ongoing medical treatments, OCH reports' etc. It doesn't state specifically what the Compensation is for but does say that this is 'In accordance with the current management code that compensation is discretionary'. So, it really is unclear!
Thank you.
Thank you.
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2 years 4 months ago #273300 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Query
Gumboots
As long as the compensation is not in regard to some fault by your employer that led to your being unfit for work, for example; an accident then you will be OK but expect the DWP to still investigate the payment.
If you haven't already done so, send them a copy of the letter.
Gordon
As long as the compensation is not in regard to some fault by your employer that led to your being unfit for work, for example; an accident then you will be OK but expect the DWP to still investigate the payment.
If you haven't already done so, send them a copy of the letter.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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