Has any one ever appealed a decision over their esa support froup payments being stopped because their part time earnings exceeded the £115.50 allowed ? I work part time for an agency and didn't realise my holiday pay that i recieve has taken me over the allowed earnings by a few quid a week. Due to this i have had all my esa cancelled and am probably looking at having to pay them back a year's money. The ironic thing is they have just increased it to £120 a week and i would have been fine. I have tried googling many things but to no avail. Any advice ? As i am ill i can only work part time and my hours haven't increased but i can't find anything legally to help me towards an appeal.
Appeals of this sort are only concerned with the facts of the situation and the applicable law.
I assume that you have received holiday pay because you did not take the time off, the only suggestion I have is that you argue that this money should be averaged across your earnings, but this assumes that it would bring you back under the allowance, if it doesn't then I don't know what other argument you could put forward.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
