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ESA Overpayment

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5 years 8 months ago #236028 by mumsgirl
ESA Overpayment was created by mumsgirl
I have been overpaid ESA (through no fault of my own). I was given the wrong information from the Welfare Officer at my housing office. I definitely want to challenge this decision as I have doen nothing wrong. I remember a couple of years ago reading somewhere about not always having to pay back overpayments if I was given the wrong advice but now I cant find the legisation anywhere. Can anyone help me find it please? Also, as ive said I want to appeal, and the person who would help me with the appeal is normally the person that gave me the wrong advice. So do I still ask him for help or do it alone?

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5 years 8 months ago #236031 by BIS
Replied by BIS on topic ESA Overpayment
Hi Mumsgirl

In some cases a waiver is granted on behalf of the secretary of state and an overpayment is written off.

You can read about it in the following 2018 guide - assets.publishing.service.gov.uk/governm...t-recovery-guide.pdf

I can't advise you on whether you should use the same person to put in an appeal. I would read the booklet and then decide whether it's something you feel able to do yourself or whether you need help.

BIS

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