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ESA - DWP ERROR & DEBT REPAYMENT

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1 month 3 days ago #297009 by Kula915
ESA - DWP ERROR & DEBT REPAYMENT was created by Kula915
Hi, I applied for ESA when I was first signed off as Medically Retired from being diagnosed with Fibromyalgia. I gave them all the information and my Certificate from my Employer that said I was now retired on ill health and I would now be in receipt of my pension. I did a Benefits Check which said I would be eligible for PIP & ESA - the support element I think it was. Fast forward a couple of years when they first contacted me to say I was not eligible for the ESA Payments I had received after all. I rang and wrote back saying that it was DWP who said I was eligible and that I had told them that I had provided them with my Certificate that said I was medically retired and would now be in receipt of my pension. I heard nothing back after pointing out it was their mistake not mine so I should not be penalised for that. Again no further contact for a couple of years and I just assumed that, that was the end of it until I received a letter from them on Saturday saying that I needed to pay back the £7,772.60. Deductions would start in December but they have actually made the first deduction in November. This is their mistake not mine which they acknowledge and I know the Government conveniently changed legislation a few years ago that said even if an error has been made by DWP the claimant has to pay the money back. So my question really is what can I do to fight this? I can’t afford to lose £144.72 from my PIP every month for the next 4.5 years. Can anyone please help me on how I can fight this. Thanks
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1 month 1 day ago #297091 by BIS
Replied by BIS on topic ESA - DWP ERROR & DEBT REPAYMENT
Hi Kula915

I'm really sorry that you are in this position. I'm afraid this is outside the remit of this forum. You need some help from a specialist welfare advisor advicelocal.uk/ and I have attached the link to see if you can find one in your area.

As you say, the mistake was not yours, but that doesn't matter, and they will insist on you paying the overpayment back.

The only suggestion I have is that you contact your MP. They may agree to write to the Secretary of State in charge of the DWP (Liz Kendall) and ask her to set the debt aside. This does occasionally happen, so it is worth trying.

BIS

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