Overpayment of ESA

[Maggie]

Re: Overpayment of ESA

A chap missed his jobcentre work interview today because his son died 12 hours previous guess what happened? he got sanctioned for 3 months unbelievable heartless b#stards

This is utterly shameful and disgusting. What sort of people are they who are running these departments? Heartless b#stards is too kind I believe. It never ceases to amaze me just how cruel people can be, and it's getting worse! My heart goes out to this family and shame on that individual who sanctioned him...The country has lost it's moral compass.

[pompeyfaith]

Re: Overpayment of ESA

A chap missed his jobcentre work interview today because his son died 12 hours previous guess what happened? he got sanctioned for 3 months unbelievable heartless b#stards

[Maggie]

Re: Overpayment of ESA

I share your pain Pompeyfaith They could not have made the process anymore demeaning and painful if they tried. To think that my other half went through all the stress of the ESA50, medical etc. and to now know that really he wasn't entitled to the money anyway. I know he continues to receive NI contributions but he has his 30 yrs in anyway!

I hope it all goes well for you and that you don't go through too much stress. Don't you just hate being in this position through no fault of your own and certainly not out of choice. x

[pompeyfaith]

Re: Overpayment of ESA

I understand your fears Maggie and you are not alone many are suffering right now all we can do is be strong and take them to task questioning their every move, I am up against it myself with another claim for income related ESA about to start.

[Maggie]

Re: Overpayment of ESA

Yes I am aware of all the impending changes and yes you are right in that his DLA awards will not be looked at until 2015 at the earliest as that is the same for me regarding DLA.

I do not think it will affect his DLA claim as it is you claiming carers allowance and not him, however I understand and appreciate your concern as PIP by all accounts will be harder to claim as they have tightened the criteria so hold fire until I can confirm that as gospel.

Thanks pompeyfaith, I will hold on. I don't think I could handle any more turmoil right now, I just don't trust them.

[pompeyfaith]

Re: Overpayment of ESA

Yes I am aware of all the impending changes and yes you are right in that his DLA awards will not be looked at until 2015 at the earliest as that is the same for me regarding DLA.

I do not think it will affect his DLA claim as it is you claiming carers allowance and not him, however I understand and appreciate your concern as PIP by all accounts will be harder to claim as they have tightened the criteria so hold fire until I can confirm that as gospel.

[Maggie]

Re: Overpayment of ESA

Hi Pompeyfaith

The only reason I have not commenced my claim for carers allowance now is : My husband at the moment is on HRM & HRC this is an indefinite award. I'm sure you are aware the with the transfer to PIP, indefinite awards of DLA will not be looked at until Oct 15 at the earliest. By claiming carers allowance, would this instigate a review of his DLA now? I really don't want him to have to go through all of that right now as I think that would be the straw that breaks the camels back.

I would like to think that even if he was reassessed, he would continue to receive this award as he really is disabled and meets the criteria for the support group. Sadly, knowing what I know about these not fit for purpose tests I am far from convinced.

Maggie

[pompeyfaith]

Re: Overpayment of ESA

Eventually we are going to have to Subject Access Request (SAR) the DWP to get hold of every piece of info they have on you including copies of telephone recordings and see if any mistakes have taken part there end, but we will hit that should the need arise.

So for now relax and take care of your husband because until you get an overpayment letter there is no more we can do.

BTW why are you not claiming carers allowance? you really should do because if you do have to pay it back under a payment arrangement this money of over £200 a month will come in very handy indeed, furthermore it is not just the allowance as you also get NI credits being a carer which of course tops up your pension.

Even if you are not entitled to a carers allowance payment you still get the NI Credits so claim it.

[garlok]

Re: Overpayment of ESA

Thanks Maggie. These matters are very troubling and the letters you get could be worded a little better to say the least. Our compliance officer told us that this is one the biggest most regularly made complaint, the way letters "speak" to people.

Chill out a bit as there is actually nothing you can do until such times as you hear from them again.

regards
G

[Maggie]

Re: Overpayment of ESA

Thanks G you are right of course, we just need to wait and see. The compliance officers who visited us were very helpful and kind, they didn't make us feel threatened and reassured us we were not under investigation...a big relief. They took copies of our paperwork relating to his pension amount and a copy of the letter from the tax office where they are saying they will be contacting DWP regarding his tax and ESA. They seemed rather surprised at this letter. They could clearly see there was no intention on our part to mislead.

We just need to be patient and see what transpires.

Many thanks to you both for your helpful posts and understanding. I will keep you updated. x

[garlok]

Re: Overpayment of ESA

First of all Maggie. Don't panic. Pompey is an expert in this sort of stuff, I can only relate our experiences. I think his advice is the best just wait and see what they come up with. You don't know at the moment. But I am surprised at this being an opening gesture. Usually there is a compliance investigation of some sort first in which yo are asked to provide a raft of information first and you have an allocated officer with whom you liase. Much like the tax credits system. We had a huge panic earlier in the year over a TC investigation because our first letter had gone missing in the post literally. I found out when I phoned in to disclose a change of circumstance. At that point I was told we were under investigation for no compliance. However they put me through to the compliance officer, spoke honestly and openly with her, she agreed there had been a problem, re sent the original letter with an adjusted time frame and all went through clear and clean. Of course their computer generated letters were already on the way and we had four threatening letters each of which had to be put on hold by compliance until they had completed. Then all was sorted and a new award calculated with all penalties removed and no overpayments. I am not saying that is what has happened here merely our experience of the system.

As we found out whilst working with compliance, the various departments like HMRC and DWP do not talk to each other and it was us that provided all the booklets and certificates from DWP to the tax credits compliance officers. Once in the picture over my permitted work as I am disabled, they were fine and could not have been more helpful. Not easy I know but both of you chill out a bit and wait to see what they actually want.

regards
G

[Maggie]

Re: Overpayment of ESA

Hi Garlok

Firstly, I said he was not in receipt of any other benefit but I forgot about his DLA HRM & HRC I am his full time carer though do not claim carers allowance, I never have, proudly/foolishly believing that as his wife I would expect to do this.

i think I do understand what you are saying, within the time frame of his claim, he could not have reached £18000 Is this what you meant! This figure of £18000 is a rough calculation that we arrived at when we tried to work out how much he had received since first claiming. DWP have not given us any figure as yet. I guess we are just trying to get our heads around it all so we can at least be prepared.

Part of me is hoping that perhaps they will realise that we did inform them and not seek the full amount, suppose there's more chance of me winning the lottery!


He has been paying tax on this amount also so I guess he would be entitled to a tax rebate though I suppose not until he had paid the money back We are so confused and stressed out over it to be honest. It didn't help that the compliance officer who visited us said "We were alerted to a problem in April but have just got round to dealing with it" What!!! they knew then that he was getting a pension so why didn't they just call us and ask? Especially as it is the DWP who administer his bloody pension! He was a civil servant.

This mess is really taking its toll on my husbands health, he is not sleeping, his pain is increased ( he is on morphine patches) now having to take extra. All through no fault of our own.

Sorry for rambling yet again, I can't talk it over with him as it causes more stress

PS I never for a moment considered your post offensive or insulting ��

[garlok]

Re: Overpayment of ESA

What I was really asking Maggie is the ESA elements. with the current rates of ESA and from the time it was formally rolled out its a problem to get to the £18,000 overpayment if you see what I mean. If this includes penalties then usually a reconsideration will go a long way to reducing these. However my question was targeted by the fact that by calculation of current rates it would not be possible to get to the figure quoted which would suggest that they have taken into account other benefits. If that were the case then there is/was an improved possibility of reducing the figure. All to work in your favour and most definitely not meant to be insulting or offensive.

You see you state September 2009 as being the time he started on his six months half pay which then brings us to March 2010. With the average ESA payment being £5000 per annum --- ish. As you have a notice in your hand that would only bring us to April 1st--- ish this year and would only at absolute maximum constitute £15000 over payment.

It is this sort of detail that pompey will need to get it right for you

regards
G

[Maggie]

Re: Overpayment of ESA

Hi Pompey,

A quick check, is this the correct terminology please? Should the benefits going back to 2009 be a raft of other measures not purely ESA?

regards
G

Not sure if I quite understand your post garlok, maybe I'm not meant to as it is for pompeyfaiths attention��
just to confirm, my husband is in receipt of ESA only, we are not on any other benefits.

[garlok]

Re: Overpayment of ESA

Hi Pompey,

A quick check, is this the correct terminology please? Should the benefits going back to 2009 be a raft of other measures not purely ESA?

regards
G