Overpayment of ESA

[Maggie]

Re: Overpayment of ESA

Still no news!

[Pixie]

Re: Overpayment of ESA

Typical bloody DWP!

[Maggie]

Re: Overpayment of ESA

Typical bloody DWP!

Yes Pixie, they like to make you sweat....

[pompeyfaith]

Re: Overpayment of ESA

Maggie,

Have you seen this:

http://www.telegraph.co.uk/news/poli...ion-a-day.html

[Maggie]

Re: Overpayment of ESA

Maggie,

Have you seen this:

http://www.telegraph.co.uk/news/poli...ion-a-day.html

Good morning PF

Yes I saw that a couple of days ago, would like to think that we will be so lucky but....... Fingers crossed eh?

[Maggie]

Re: Overpayment of ESA

Hi

Usually my wife has posted on this forum concerning my particular predicament. However, the Notice of Overpayment of ESA has arrived in the post this morning so I thought I would respond myself.

As I expected the DWP are saying that I did not inform them of a change of circumstances i.e. that I was in receipt of an occupational pension. You will note from previous posts that I dispute this. I did inform them of a change of circumstances almost immediately. Unfortunately, I did this by telephone as I was recovering from major surgery at the time and unable to use a computer. I was also in 3 way communication with both the DWP and HMRC as receipt of an occupational pension has tax implications. HMRC said they were also communicating with the DWP with regards to the change and I do have two tax coding notices to this effect. The irony is I was a civil servant and my occupational pension is paid by none other than the DWP!

As a consequence the total to repay is just short of £18,000 a sum I have no means of paying in full! The letter states and I quote that 'the overpayment must be repaid under Social Security Law'. There is the usual information regarding the review and appeals mechanism; and notice that the matter has been referred to the Debt Management Team. Interestingly, when I was interviewed by the Customer Compliance Officers I was told that when I received notice I was to ask whether I had to pay the overpayment or not. I am now in a bit of a quandary: Do I still need to ask the question and, if so, who do I ask; the DWP in Cardiff who sent the notice, or the Debt Management Team.

I am still trying to take in the enormity of the overpayment so it is difficult to think logically or rationally at the moment. I will be appealing the decision in any event and this is where I will need help and guidance. I am aware that I need to request that the matter is reviewed; and give notice that I will appeal the decision in writing. However, is there an expectation that I set out the basis for the appeal in full at this juncture? Bearing in mind that I have one month from the 18th September in requesting that the matter be reviewed or appealed two completely separate processes or does one lead to the other depending on the review decision?

I will also be requesting full transcripts of all communications between myself and the DWP including written documents and recorded telephone conversations, also communication between the HMRC and the DWP. I understand that I need to make a formal request for the relevant information. Can anyone enlighten me how and are there any specific DWP forms that I need to be completing in this respect? I am not hopeful that there will be full transcripts of any telephone communication but I can only try.

Also, is there any person or organisation that can help me construct a letter and set out fully the basis of my appeal, and also guide me as to what information to include and what copy documentation?

The notification letter is also unclear in that is there an expectation that I contact the Debt Management Team or do they contact me although I think it may be the latter. However, if I lodged an appeal does this process put 'on hold' any payments to be made to the DWP?

I look forward to your response

[pompeyfaith]

Re: Overpayment of ESA

The document needed to SAR the DWP are here:

https://www.gov.uk/government/public...al-information

Fill this in and get it sent off straight away to give you maximum time as for appealling I would request the help of Michelle Cardno as she is a Disability Welfare Advocate and does work in this area and can help with form filling, advice and support if you are in an area she covers she will also represent you at appeal.

She does not charge for her work but will expect a donation to enable her to carry on doing what she does.

Here FaceBook Group is Fightback which can be found here: https://www.facebook.com/FightBack4Justice

And her personal page is here: https://www.facebook.com/shelllanc?fref=ts

Finally DWP are great for Maladministration so I would be fighting both departments and let them cut themselves.

Good Luck

[Maggie]

Re: Overpayment of ESA

The document needed to SAR the DWP are here:

https://www.gov.uk/government/public...al-information

Fill this in and get it sent off straight away to give you maximum time as for appealling I would request the help of Michelle Cardno as she is a Disability Welfare Advocate and does work in this area and can help with form filling, advice and support if you are in an area she covers she will also represent you at appeal.

She does not charge for her work but will expect a donation to enable her to carry on doing what she does.

Here FaceBook Group is Fightback which can be found here: https://www.facebook.com/FightBack4Justice

And her personal page is here: https://www.facebook.com/shelllanc?fref=ts

Finally DWP are great for Maladministration so I would be fighting both departments and let them cut themselves.

Good Luck

Hi PF and thanks for getting back to me and giving me the link for the SAR. I can't however open the link the Michelle's personal page it just says it is unavailable? There is no problem donation

We will get the SAR completed as soon as possible and get it sent off. No problem donating to Fightback, in fact I have already done so a couple of times and would of course cover expenses.

When you say let both depts of DWP cut themselves, which depts? Am I being thick as usual

[pompeyfaith]

Re: Overpayment of ESA

ESA Dept that paid the benefit and Debt Management

[Maggie]

Re: Overpayment of ESA

Well they certainly like to put the pressure on. Today OH received the ESA50 to complete despite his last one was only 6 months ago and was told not to be reviewed for two years! For those unaware of ESA50 it is the claim form (booklet) from Atos for you to complete to assess entitlement to ESA and whether you need a further medical assessment. You have 1 month to complete this. Now, bearing in mind according to DWP he meets the criteria for the benefit support group status, he is just not entitled to the money. People in the support group also have their NI contributions paid. In his case we think he has his full 30yrs in anyhow but need to confirm this. We are in a bit of a quandary, does he complete the ESA50 knowing that he will not get any money, bearing in mind he does get DLA? Just thinking of the relevance of ESA support group status and DLA, though supposedly not linked I suspect this is not the case.

Incidentaly, he rang the debt management dept. yesterday who knew nothing about him! They did say though that any overpayment can be clawed back from any other benefit received. He/we don't claim anything other than his DLA and were told that they can take a third of this away from him?

Do you have any further advice PF?

[Maggie]

Re: Overpayment of ESA

My husband is in the process of formulating an appeal regarding his substantial overpayment of ESA. He is currently completing SAR forms to both DWP and HMRC. Should he simply request all information, or be more specific in the particular areas of interest to him. He is mindful of the fact that being more detailed will provide both depts with his appeal strategy which may put him at a disadvantage early on.

Please advise

Thanks

[MrsD]

Re: Overpayment of ESA

not my area at all Maggie, but I wish you all the best.

One bit of definite advice, NO MORE PHONECALLS

nothing you say on phonecall is going to help and nothing they say is ever going to be admitted again, so just don't do it.

[pompeyfaith]

Re: Overpayment of ESA

Hiya Maggie,

Neither ESA or DLA/PIP are linked and you can claim one without the other or both, remember anything you do or say may be come part of the appeal as they will be submitting evidence as well as you so please keep everything in writing so that you have copies of everything you say and can then better dispute there alligations should that need arise.

I would be requesting all infomation they have as this will have no bearing on your appeal as it will not be conducted by the DWP but a tribunal judge indeed he will welcome this action as it would be saving tribunal time.

You have a right to dispute any and all alligation made and requesting information is a step to achieve that goal.

I would get onto fightback as regards to the ESA 50 as personally I do not think you should be going through another claim so early on.

[Pixie]

Re: Overpayment of ESA

Wishing you all the best Maggie

Have you had a look at Fightback? I follow them on facebook and I know they do some fantastic work.

[pompeyfaith]

Re: Overpayment of ESA

Pixie Fightback are excellent for disability benefit appeals I help to admin the group over there too.