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Protected payment on incapacity benefit to esa migration

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2 years 3 months ago #273789 by Sammylou40
I was transferred from incapacity benefit to esa 10 years ago and from that date my payment was transitionally protected, meaning I still receive the amount I did rather than the lower rate of esa (support group).
My last two fortnightly payments have been reduced to the standard rate of esa.
I phoned today to ask why and was told it was a mistake and an email would be sent to pay the arrears and rectify. I then had a phone call from my file manager who said there had been a glitch on the system and my file was removed. Upon re-entering it manually, she removed the uplift as it was something I am no longer entitled to ( a child premium I believe).
I ceased to be entitled to this before incapacity benefit ended but for some reason they were unable to cancel it ( I got this in writing and it was a legal overpayment and above board).
I have it on writing that I am entitled to the uplift on every letter I’ve had from esa. I’ve had my original transfer and three reviews and it continues
I believe that the uplift should continue and dwp officers says not.
It’s been referred to a decision maker but I’d like to know if I’m in the right and how to proceed
Surely a system glitch can’t be a reason to reduce my payment
Thank you

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2 years 3 months ago #273804 by Gary
Hi Sammylou40

Thank you for your question, unfortunately it is outside the remit of the forum.

I would seek advice from a Welfare Rights Organisation or even a Law Centre; you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk or lawcentres.org

Gary

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

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