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Overpayment PIP

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8 years 8 months ago #138954 by CHRISTOS
Overpayment PIP was created by CHRISTOS
I am facing a huge dramatic problem at the moment and I need desperate some advice please on what to do next.
I had applied for PIP around a year ago and I did go through assessment to check me out if I am indeed disabled and unable to work. I did prove that along with all my medical certificates and history and I was accepted to receive the PIP. However, 3 months ago I received a letter regarding my PIP saying that I'm not qualified anymore because I didn't satisfy the residential status. (I'm in UK since 16th of February 2013 and I did apply on 2014 for the benefit). They were supposed to let me know for this issue in order to appeal or do something but instead they kept paying me and now they are asking from me £6513.71 + £50 for civil penalty because THEY SAY that it was my fault when I was completing the form which is a lie because I wrote whatever it was supposed to be written. Anyway that letter that I did receive 3 months ago by informing me that they will stop the benefit for the above reason, was saying clearly that they are sorry for the mistake and they have to take the money back. I don't have any money, they have instructed from a debt collector to get the money. I'm disabled and not capable to work for the rest of my life. I did re apply again for the PIP a few days ago before I got that letter that they have instructed debt collector to get the money back. What can I do? I have no money, I'm poor and I'm desperate. Please help me.

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8 years 8 months ago #138955 by Gordon
Replied by Gordon on topic Overpayment PIP
Christos

I am afraid this is not a matter we can help you with on the forum, you need face to face advice from a trained advisor.

Do an internet search for "welfare advice" with your postcode, town or county.

Gordon

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

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8 years 8 months ago #138956 by CHRISTOS
Replied by CHRISTOS on topic Overpayment PIP
Gordon

Thank you for your reply.

I will seek some advice.

I am more than 2 years in uk and I did re apply for PIP a few days ago.
I have 70% disability, certificates that proves that as sick notes from my GP as well.

I did complete my assessment face to face in order to get the PIP and I believe now that I have completed more than 112 weeks in UK I will be able to start getting paid by PIP.

What will happen if they refuse it again? I don't have any money to support myself.
My wife helps me but it's not enough for both of us.

Thank you,

Christos

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8 years 8 months ago #138957 by Gordon
Replied by Gordon on topic Overpayment PIP
Christos

In principle you can claim ESA but there will be the same Right to Reside issue, even if this is resolved you may only be able to claim Income Related ESA which will be dependant on your personal circumstances.

Eligibility for ESA(IR) is dependant on your household income, assets and savings and any hours that a partner works.

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

Gordon

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

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8 years 8 months ago #138960 by CHRISTOS
Replied by CHRISTOS on topic Overpayment PIP
Gordon

I did apply for ESA as well at the same period as I did for PIP a year ago but it was refused because I applied for ESA NI contributions which were not enough.
Now, I have applied again for ESA INCOME SUPPORT and I am waiting for the decision.

In regards of PIP, is there any chance not to be qualified again even though I meet the residential status requirements because of this overpayment?

Regards,

Christos

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8 years 8 months ago #138985 by Gordon
Replied by Gordon on topic Overpayment PIP

CHRISTOS wrote: Gordon

I did apply for ESA as well at the same period as I did for PIP a year ago but it was refused because I applied for ESA NI contributions which were not enough.
Now, I have applied again for ESA INCOME SUPPORT and I am waiting for the decision.

In regards of PIP, is there any chance not to be qualified again even though I meet the residential status requirements because of this overpayment?

Regards,

Christos


Even though you qualified before, you will need to re-qualify from scratch, this is because it is a new claim, with a new Decision which will be based on your limitations as they are now. If you qualified "well" last time then this should imply that you will receive an award again, but if it was marginal, then it may be a problem.

Gordon

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

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