Dwp admin penalty

I am due to receive an admin penalty soon re overpayment of ESA benefit.

I am also a carer for my father (with whom i live) and i have severe depression and anxiety coupled with Systemic Lupus.

I am registered with my local carers association.

I have told the fraud investigation team that i am requesting a mandatory reconsideration of the alleged original amount. That part is being handled by my local welfare rights.

Having attended an interview under caution last year with a solicitor funded through legal aid, i was offered the admin penalty within the last month and appointment is made for next week via letter i have received today

When i have come to request to have representation with me, neither my care support worker or rep from welfare rights will attend and i received the following note from my solicitor today.

"Unfortunately, your current ‘Legal Advice and Assistance’ only extends to formal interviews under caution and advice in the office.


Anything outside these parameters would have to be funded privately"

I could add a lot more detail on the above but hopefully have summarised i my current situation

Many thanks

Paul

I've not allowed your post as I am unclear as to what you mean by "username I sign in with", however, I don't think approving your post is important at the moment.

We are extremely limited in the advice we can give not least because you already have advisors who have the full details of your situation.

From what I can see you are subject to two separate processes at the moment, the over payment case and your challenge to that Decision, at some time they will join together, either when the over payment is overturned or you run out of options to challenge it, but at the moment they are separate.

From what you have posted this meeting is in regard to the over payment and has nothing to do with your request for a Mandatory Reconsideration, given the topic of the meeting it would be irresponsible of me to offer any advice on the matter.

We can normally provide advice in regard to the Mandatory Reconsideration process, but as you already have advisors dealing with this we would have to be circumspect in doing so.

Gordon