Too much money- ESA

Hi,

If the DWP have made a mistake and provided an overpayment of ESA. Can they still chase me for it even though they processed the claim wrong with accurate information?

Thanks.

hi,

It was them whom applied a couple rate disability prem even though my claim form had no partner as the case. They even said it was due to my previous claim when I lived with my partner...

So I have done everything by the book and even phoned them pointing out I was getting too much money. As I mentioned in a previous post. Which was only sorted out yesterday after me phoning asking for a new award letter. My claim was suspended awaiting this change to single prem. Eventually I got called back to say it was all sorted and today money has went in yet again JSA beside it in two lots.

My calculations suggest £179.15 per week as a single, in support group and on DLA. They have put in nearly £380 for the two weeks. Driving me demented!

Charlie123 wrote: hi,

It was them whom applied a couple rate disability prem even though my claim form had no partner as the case. They even said it was due to my previous claim when I lived with my partner...

So I have done everything by the book and even phoned them pointing out I was getting too much money. As I mentioned in a previous post. Which was only sorted out yesterday after me phoning asking for a new award letter. My claim was suspended awaiting this change to single prem. Eventually I got called back to say it was all sorted and today money has went in yet again JSA beside it in two lots.

My calculations suggest £179.15 per week as a single, in support group and on DLA. They have put in nearly £380 for the two weeks. Driving me demented!

Hi C123,

Yes, they can drive you crazy !!!

It is sometimes like talking to a "brick wall" !!

If you are a single in The SG, also entitled to The SDP due to a PIP Daily Living Award or DLA MR or HR Care Award, your maximum IR ESA entitlement should be :

(Personal Allowance over 25 year old, single) Living expenses. = £73.10/Week

SG Component Addition for being in The SG. = £36.20/Week

(SDP Single Rate) Extra money because you are severely disabled. = £61.85/Week

(EDP for being in The SG) Disability Income Guarantee. = £ 15.75/Week

Total maximum IR ESA entitlement = £186.90/Week. (£373.80/Fortnight)

From : Benefit Rates 2015/16

You should see how your subsequent payments pan out to allow for any adjustments with this first amended payment.

If it still seems that the payments are wrong in future, I would lay out in writing exactly what you think that you are entitled to, post it by recorded delivery, to the address of The Benefits Office/Centre on your most recent ESA letter, keeping copy and proof of posting and delivery in a safe place, then leave them to it.

You can do more and will have covered yourself legally.

If you wish to be extra sure you can keep any excess that you consider to be an overpayment to one side.

On the premise that you have done the above, they would find it very difficult to claw any overpayments back from you.

Sending Documents to the DWP.

bro58

Thanks.

I will go through all the payments and work out the amount above that. Hopefully a new award letter arrives. Had I not phoned my money would not have went in due it being suspended. Was pure luck me asking for an award letter based on me informing of the mistake. Thought something would have arrived. Pure luck I phoned.

Charlie123 wrote: Thanks.

I will go through all the payments and work out the amount above that. Hopefully a new award letter arrives. Had I not phoned my money would not have went in due it being suspended. Was pure luck me asking for an award letter based on me informing of the mistake. Thought something would have arrived. Pure luck I phoned.

Hi C123,

Don't let this take over your life, enjoy it as best you can !!!

It is not up to you to do The DWP's job for them.

If you still think you are being overpaid, do as I have suggested and let them worry about it.

I once had a similar situation where I was helping a friend and broke down in writing exactly how much the friend should have been receiving. (and I was dealing directly with a senior DWP manager)

I even worked out exactly how much had been overpaid due to DWP error.

They still couldn't get it right !!!!

The full overpayment was never recovered, and in my opinion they continued to overpay my friend by a few pounds per week.

However, they still insisted that they were paying my friend the right amount !!!

We finally allowed them to pay what they considered to be the correct amount keeping the records of all our correspondence with them in a safe place.

We were considering using the overpayment to buy The DWP manager a pocket calculator and sending it to them, but then thought "Nah" why should we !!!!!

bro58