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ESA overpayment
- Cariad
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2 months 2 weeks ago #293209 by Cariad
ESA overpayment was created by Cariad
My husband is claiming ESA and started receiving a pension payment in January. This was reported to the DWP at the time in writing and chased up again in May as he had no response.
Both times the letters were sent by recorded/signed for post to ensure proof of delivery. The DWP have since been in touch asking why the change of circumstances was not reported immediately but this obviously was not the case and copies of the advice letters and proof of postage were sent to them again to prove this. The DWP are now asking for the over payment to be repaid, they still state this is due to the delay in notifying them. This is annoying as it was due to their error that the initial notification was not acted upon so has anybody else experienced this previously and can this be appealed. Thanks
Both times the letters were sent by recorded/signed for post to ensure proof of delivery. The DWP have since been in touch asking why the change of circumstances was not reported immediately but this obviously was not the case and copies of the advice letters and proof of postage were sent to them again to prove this. The DWP are now asking for the over payment to be repaid, they still state this is due to the delay in notifying them. This is annoying as it was due to their error that the initial notification was not acted upon so has anybody else experienced this previously and can this be appealed. Thanks
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- BIS
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2 months 2 weeks ago #293212 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic ESA overpayment
Hi Cariad
I'm afraid there is nothing you can do here. You have not been fined, so it is clear they have accepted that you did inform them. However, it doesn't change the fact that your husband received an overpayment, and therefore, it has to be paid back.
BIS
I'm afraid there is nothing you can do here. You have not been fined, so it is clear they have accepted that you did inform them. However, it doesn't change the fact that your husband received an overpayment, and therefore, it has to be paid back.
BIS
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- Gaddy
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2 months 2 weeks ago #293218 by Gaddy
Replied by Gaddy on topic ESA overpayment
Hi Cariad,
I had a similar situation when I sent correspoendence about an inheritence which they didn't action despite me ringing and following it up. Eventually when they responded they accepted that it was not my fault and didn't backdate the adjustment to my ESA.
It seems unfair that you did the right thing and their failure to process it has caused the overpayment. Perhaps there is different legislation for Pensions rather than inheritence but I wonder if its worth seeking advice from welfare rights just to check if you are liable for the overpayment, after all you have the proof of postage to back up what you are saying.
Wishing you all the best,
Gaddy
I had a similar situation when I sent correspoendence about an inheritence which they didn't action despite me ringing and following it up. Eventually when they responded they accepted that it was not my fault and didn't backdate the adjustment to my ESA.
It seems unfair that you did the right thing and their failure to process it has caused the overpayment. Perhaps there is different legislation for Pensions rather than inheritence but I wonder if its worth seeking advice from welfare rights just to check if you are liable for the overpayment, after all you have the proof of postage to back up what you are saying.
Wishing you all the best,
Gaddy
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- LL26
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2 months 2 weeks ago #293220 by LL26
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Replied by LL26 on topic ESA overpayment
Hi Cariad,
You might be able to appeal on the basis of 'official error' - you notified DWP but they did nothing. This will depend on what sort of ESA you are on. I woukd definitely seek advice from a specialist welfare benefits advisor who deals with appeals. It is certainly worth a go.
I hope this helps.
LL26
You might be able to appeal on the basis of 'official error' - you notified DWP but they did nothing. This will depend on what sort of ESA you are on. I woukd definitely seek advice from a specialist welfare benefits advisor who deals with appeals. It is certainly worth a go.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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