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I've made a monumental error
- Gordon
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worrywart wrote: Civil penalty what is that. Well I really am sucidal now - I'm having major surgery tomorrow I'm in hospital 100 miles from home. I,will,pay it back. It is a genuine error and yes I know you will think everyone says that.
A Civil Penalty is a fine for failing to report information that could affect your claim.
As important as it is for you to deal with this matter it strikes me that you really need to concentrate on your impending operation and getting better from that.
Gordon
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- worrywart
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Thank you.
Still in hospital and still devastated so please be gentle,
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- Gordon
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worrywart wrote: Now that I've recovered from this terrible shock if like to ask a further question. I seem to recall this was a telephone complication. There is no way on earth I would have answered NO if asked the question about having a private pension. I seem to recall the person asking the questions said that as I was claiming contributory benefit it wouldn't take s long as he wouldn't need to ask so many questions. Could it be that he never asked the question and the answer was just assumed to be more. I'm not clutching at straws, I will pay the money bank but I do not understand how this error has occurred and just need to reassure myself I'm not going mad or senile.
Thank you.
Still in hospital and still devastated so please be gentle,
Was this a new claim for ESA or were you transferred from another benefit to ESA?
If it was a transfer and your pension was in payment before the transfer then it's possible that the DWP have lost the information about it as record keeping for benefits such as IB appears to have been appalling.
If this was a new claim, then I would have expected you to have completed an ESA1, this could have been done by you or over the phone, but even if the latter then you should have received a copy to confirm the content and sign before your claim was actioned.
I'm afraid the bottom line is that unless you can show that you notified the DWP of your pension then you are liable for any over payment,
Gordon
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- worrywart
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- Gordon
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I assume you made your claim for ESA over the phone, were you sent the ESA1 to sign?
You can request a copy of the phone conversation if it is still available by making a Subject Access Request.
SAR :
www.dwp.gov.uk/docs/request-for-personal-information.rtf
From this page :
www.dwp.gov.uk/privacy-policy/data-protection/
I'm afraid I do not know what the DWP procedures are for an ESA claim over the phone, but I can't see any reason why their staff would not have asked about any pension income when processing an ESA(CB) only claim, it's a set of question on the ESA1, but that does not mean that they did.
Gordon
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- worrywart
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I don't know how to progress this - I just want to pay it back and get it done with. I think I'm still entitled to some ( I understand they disregard £85 of any private pension and then 50% of the excess is taken off your Esa entitlement ) . I've sent in my latest proof of pension but have heard nothing - all that has gone into my account is a £10 Christmas bonus ?? In April!!
I really can now appreciate how the DWP pushes people over the edge, I'm so glad when I worked as a benefit officer for 25 years in the council, I was compassionate and helpful! Anyone got any tips how to progress this? I have been told they don't do face to face. Yu can't speak to a manager and they promised a call back which didn't materialise, I'm recovering from a perforated bowel after repeated surgeries, I'm not in a good place physically or mentally.
Thank you
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