Wrongly accused of fraud (long post)

Hi

I hope someone can advise please
I claimed ESA in September 2014 after being medically retired from NHS, I received an occupational pension for just over 600 a month and also a private pension for just over 150 a month. When I made my claim for ESA I stated that I would be in receipt if these but was waiting on the exact amounts.

I phoned the pension authorities to get the amounts which they supplied verbally. A few days later I received a summary from DWP and was asked to check it and phone if it was incorrect. It was incorrect in that it said I wasn't receiving any pensions. I phoned back and asked them to correct this.

I filled in the questionnaire that was sent to me and returned it along with my pension documents.
I started receiving my contibutions based ESA and expected that it would take a few weeks to sort the exact amount I was to receive.
By the time December came I was still receiving the full amount of ESA and phoned them up to ask why as I felt I shouldn't be receiving this. The chap that I spoke to told me that it was correct and that it was only income based that pensions were taken into account with.

I called again in January and was told not to worry as it would all sort itself out. I explained again that I was worried about this and didn't want a big overpayment.

I received a letter early February which stated I was receiving the wrong amount and I would now be getting £39 every 2 weeks. I called again and asked for the details of any overpayment and what I had to do next. I was told just to wait as I'd get a letter telling me what to do but not to worry as it could take a few weeks.

Fast forward to Thursday last weeks. I received a letter saying I had this overpayment of over 800 and this was due to me not declaring my pension. I also received a letter from the debt management section saying that as I had failed to disclose they were fining me £50 civil penalty fine.

I was devastated at this especially as I had phones time and time again and to be accused of fraud sent me into a tailspin. I called the DWP and between sobs explained what had happened. The lady was really nice and said she could see from my records that this was correct and that I had indeed called. She put me through to the debt team and I ended up so upset that my husband had to take over the call. This lady said that no money would be collected yet as I was going to appeal this.

I spent the day in tears and panicky and called back later in the day. Again I was really upset and in tears. This lady told me that I should ask for a reconsideration. She also told me the dates I had called and that I had done what I said. She also told me that all calls were recorded and that I should ask to have the calls listened to.

I have written a letter and sent copies of documents that I had. I'm beside myself with fear and worry and again just writing this is making me panicky. The letter was posted this morning. I don't know where to turn to as this is the first encounter I have ever had with DWP and I was so careful to tell them everything. I should add that I'm still in the assessment phase.
This came on top of my husband who has just become disabled with a progressive neurological disease and who had an Atos medical 2 weeks ago and was put in the work group. When I asked to have a copy of the report it was like reading a fairy story. I also ended up having to rebut the errors and ask for a reconsideration.

Please can someone advise please. This is making me ill as I did everything with due diligence and I'm now being treated like a criminal. I just don't know where to turn.
Thanks if you managed to read through this.

Ariadne wrote: Hi

I hope someone can advise please
I claimed ESA in September 2014 after being medically retired from NHS, I received an occupational pension for just over 600 a month and also a private pension for just over 150 a month. When I made my claim for ESA I stated that I would be in receipt if these but was waiting on the exact amounts.

I phoned the pension authorities to get the amounts which they supplied verbally. A few days later I received a summary from DWP and was asked to check it and phone if it was incorrect. It was incorrect in that it said I wasn't receiving any pensions. I phoned back and asked them to correct this.

I filled in the questionnaire that was sent to me and returned it along with my pension documents.
I started receiving my contibutions based ESA and expected that it would take a few weeks to sort the exact amount I was to receive.
By the time December came I was still receiving the full amount of ESA and phoned them up to ask why as I felt I shouldn't be receiving this. The chap that I spoke to told me that it was correct and that it was only income based that pensions were taken into account with.

I called again in January and was told not to worry as it would all sort itself out. I explained again that I was worried about this and didn't want a big overpayment.

I received a letter early February which stated I was receiving the wrong amount and I would now be getting £39 every 2 weeks. I called again and asked for the details of any overpayment and what I had to do next. I was told just to wait as I'd get a letter telling me what to do but not to worry as it could take a few weeks.

Fast forward to Thursday last weeks. I received a letter saying I had this overpayment of over 800 and this was due to me not declaring my pension. I also received a letter from the debt management section saying that as I had failed to disclose they were fining me £50 civil penalty fine.

I was devastated at this especially as I had phones time and time again and to be accused of fraud sent me into a tailspin. I called the DWP and between sobs explained what had happened. The lady was really nice and said she could see from my records that this was correct and that I had indeed called. She put me through to the debt team and I ended up so upset that my husband had to take over the call. This lady said that no money would be collected yet as I was going to appeal this.

I spent the day in tears and panicky and called back later in the day. Again I was really upset and in tears. This lady told me that I should ask for a reconsideration. She also told me the dates I had called and that I had done what I said. She also told me that all calls were recorded and that I should ask to have the calls listened to.

I have written a letter and sent copies of documents that I had. I'm beside myself with fear and worry and again just writing this is making me panicky. The letter was posted this morning. I don't know where to turn to as this is the first encounter I have ever had with DWP and I was so careful to tell them everything. I should add that I'm still in the assessment phase.
This came on top of my husband who has just become disabled with a progressive neurological disease and who had an Atos medical 2 weeks ago and was put in the work group. When I asked to have a copy of the report it was like reading a fairy story. I also ended up having to rebut the errors and ask for a reconsideration.

Please can someone advise please. This is making me ill as I did everything with due diligence and I'm now being treated like a criminal. I just don't know where to turn.
Thanks if you managed to read through this.

Hi A,

There is an £85/Week disregard rule for Works/Private Pensions (WP) and entitlement to Contribution Based (CB) ESA.

Any amount in excess of the £85/Week is deducted at a rate of 50% from your weekly entitlement to CB ESA.

e.g. W P = £105/Week = £20/Week excess. 50% of £20 = £10.

Therefore, in this example £10/Week would be deducted from your Weekly CB ESA entitlement.

If 50% of the WP excess exceeded your weekly CB ESA entitlement, it would be offset and cancel your CB ESA payments out.

For IR ESA, any household income such as a WP would be offset against any IR ESA entitlement £ for £

If you can show that you took all reasonable steps to inform them of your WP income, it may then be classed as an "official error", they can still try and claw back any overpayment ( they may not) but you should not receive The £50 Ad Pen.

Do you have copies of any letters/documents that you sent to The DWP and proof of delivery informing them of The WP ?

Did you audio record any of the telephone conversations ?

As advised, you can challenge this decision, and if you have the dates of the telephone conversations, I would make a written request under Data Protection Act 1998 that they provide you with copies of the conversations. (They do record these conversations)

You should make a written request for an MR challenging the decision ASAP :

Mandatory Reconsiderations Explained

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

Where you should make it clear that you want them to provide copies of the audio recordings of the conversations ASAP.

If you are to have any further phone conversations, try and record them and back the subject matter up with a written response :

Sending Documents to the DWP or ATOS

You could also enlist the support of your M.P., as DWP Debt Recovery can be most belligerent.

Contacting your MP

You could also complain to The DWP :

Complaining to The DWP

You could also try to gain professional advice :

Where to get advice

Or, put Welfare Rights/Advice for your Town/Postcode into Google.

The important issue is to make a formal written challenge, ASAP.

bro58

Hi

Many many thanks for your kind reply.
I had kept copies of the various documents and wrote the date that I called or phoned. I do have the dates of all if the phone calls and the second lady I spoke to on Thursday confirmed the dates, it was also her who told me that calls are recorded. In my naievity I didn't think to record any of the conversations.

This is such a minefield, I now wish I had never claimed but I am 100% confident that my actions were all correct. It is ironic that I have done what was all above board and done with due diligence should end up as a nightmare.

I have written a letter but due to the weather today it will need to be tomorrow that I send it.

Stupid question, who would I write to to ask for the phone transcripts please.
I appreciate all the information you have taken time to give. I will go through these carefully

Ariadne wrote: Hi

Many many thanks for your kind reply.
I had kept copies of the various documents and wrote the date that I called or phoned. I do have the dates of all if the phone calls and the second lady I spoke to on Thursday confirmed the dates, it was also her who told me that calls are recorded. In my naievity I didn't think to record any of the conversations.

This is such a minefield, I now wish I had never claimed but I am 100% confident that my actions were all correct. It is ironic that I have done what was all above board and done with due diligence should end up as a nightmare.

I have written a letter but due to the weather today it will need to be tomorrow that I send it.

Stupid question, who would I write to to ask for the phone transcripts please.
I appreciate all the information you have taken time to give. I will go through these carefully

Hi A,

You should provide copies of all relevant documentation with the MR request, and challenge them to provide copies of the audio recordings of the phone conversations on the appropriate dates and times.

As a back up, in a separate envelope, you could request the audio recordings as part of a Subject Access Request. (SAR)

Using the same SAR, you could request all documentation that they have related to your ESA Claim.

You can do this using a SAR Form :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your ESA.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

Sending Documents to the DWP or ATOS

I would consider contacting your M.P. as they can be very helpful in expediting matters such as this.

bro58

Thank you so so much. I'm really indebted for all of the information that you have given me. For the first time since Thursday I feel slightly less panicky as I can now busy myself with doing all that you have suggested.

This is such a dreadful thing and it's so frightening. I'm now 55 and have worked constantly since I left education and I have always prided myself on being honest and truthful. It isn't the overpayment that is worrying me, after all it wS paid erroneously so I should pay it back. It's the accusation that I claimed fraudulently and deliberately withheld information and the fine that are really upsetting.
I'm so grateful that such a resource such as this website exists.

Ari

Ariadne wrote: Thank you so so much. I'm really indebted for all of the information that you have given me. For the first time since Thursday I feel slightly less panicky as I can now busy myself with doing all that you have suggested.

This is such a dreadful thing and it's so frightening. I'm now 55 and have worked constantly since I left education and I have always prided myself on being honest and truthful. It isn't the overpayment that is worrying me, after all it wS paid erroneously so I should pay it back. It's the accusation that I claimed fraudulently and deliberately withheld information and the fine that are really upsetting.
I'm so grateful that such a resource such as this website exists.

Ari

Hi A,

Try not to worry !!

A similar thing happened to someone that I know, they received an overpayment of over £1700 even though they had informed The DWP verbally and in writing that they were in receipt of a Works Pension.

It was sorted eventually with the help of their M.P.

You should not let the DWP get away with this if you are not to blame !!

Good luck, please keep us updated !!

bro58