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Overpayment of ESA top up payment

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8 years 6 months ago - 8 years 6 months ago #143659 by M
I was migrated from incapacity benefit to ESA in 2011. Since then I have received a top up payment as this ensures no reduction in level of your benefit as a result of the change to ESA. I have received a letter saying now Iam not entitled to this from 2011 to to 2015. The overpayment changed and the office that paid the benefit was not told at the correct time that your entitlement to child benefit was stopped. I did write and inform the local benefit centre but this letter has come from regional handling and debt management team. I am obviously very worried as the amount to be paid back is over £ 6000 . I have always informed DWP of changes, moving address, being divorced and had not been explained that this top up was there for children ? As It was a Transitional amount I wrongfully thought this was all correct as all corrrespondence said the same till now. I feel the error was entirely caused by the DWP . I would say there has been any failure on my behalf to disclose relevant and material change of circumstances and there has been no misrepresentation of the facts when I claimed ESA. Would the payment because of an error by DWP be adjusted as it were their mistake. Obviously I would like to resolve this to both parties agreement. Having this debt and making plans for paying it back are very worrying. Any advice appreciated as I begin to write a mandatory reconsideration.
Last edit: 8 years 6 months ago by slugsta.

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8 years 6 months ago #143664 by slugsta
Replied by slugsta on topic Overpayment of ESA top up payment
Hi M and welcome to the forum, I'm sorry that you have come to us under such difficult circumstances. this link will help you generally find your way around the site.

The DWP are not supposed to enforce the repayment of money that was overpaid due to a mistake on their part - but that does not stop them trying! Nor are they quick to acknowledge mistakes.

As this involves such a large amount, you really do need face to face advice. Try your local CAB for starters.

Do you have a copy of the letter you sent?

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

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8 years 6 months ago #143667 by M
Replied by M on topic Overpayment of ESA top up payment
Thank you so much for reply. I have all letters from DWP regarding ESA from 2011. Unfortunately only a few weeks ago I decided to tidy paperwork and destroyed letter informing them of change of circumstances whilst on Incapacity . Have asked verbally since ESA came in . Feel stupid that I should have known I was overpaid. Will get some advice from CAB. Would you know if take a percentage of ESA a week. If all ESA is taken it would take just over a year to pay ! Appreciate your help. Thank you

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