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ESA - overpayment - so what constitutes 'pension'?

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9 years 2 months ago #130054 by Alban
Hi
Just received notice that I have been overpaid Esa for some years due to the fact that I was receiving an 'permanent disability' payment that was a benefit in my pension. I had niavely thought that any income and savings were not taken into acct. with ESA contrib when in SG. Seemed wherever I looked 5 yrs + ago that's what was said if I recall. Feel an idiot but HMRC knew. Never occurred to me to report it as I was labouring under that delusion... So joyfully expecting repayment of £30+K and maybe criminal proceedings as it seems I'm likely to be seen as a fraudster.
Point is it is not strictly a Pension payment nor a Company disability scheme nor PHI as it's not an insurance but a benefit assoc with my pension. How narrow is the legal definition? No doubt it will be included!
Can't quite believe that I could get income from owning a casino and not have ESA docked but being prudent is penalised. Still rules is rules. Why did I bother with all the hassle?
Yours despairingly

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9 years 2 months ago #130095 by Gordon
Alban

I am afraid that there is little assistance that we can provide on the forum for a matter like this, we would need to have access to all of the papers involved to be able to provide advice which is not practical in an online environment.

I would recommend that you get face to face advice from a qualified 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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9 years 2 months ago #130108 by gillyk59
I was in a similar position but as I wasnt claiming any other benefits it was accepted by DWP that there was no intention to defraud. (I had actually informed them of the occupational pension payments that I was going to receive they claimed never to have received this despite me having a copy on an old computer dating back to October 2007. I am currently paying it back at a rate of £150.00 a month from my ESA, it is automatically deducted by DWP. The figure I owe is in excess of £5,000. Hope this provides some insight into what you may be able to sort with the DWP

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Alban

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