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ESA Overpayment

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4 years 7 months ago #236036 by John Davies
ESA Overpayment was created by John Davies
I have been claiming ESA for about 8 years on medical grounds..
I had a personal pension and made down in April this year of circa £25,000.
I did not inform DWP as it was my pension and I needed to clear some debts, so I reduced the sum to well below the £16,000 limit quite quickly and now it has been all used.

Have I broken the rules? If yes what is likely to be the outcome?

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4 years 7 months ago #236060 by BIS
Replied by BIS on topic ESA Overpayment
Hi J

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?


I've moved your post to its own topic, we ask members not to post their questions in other member's topics as it can lead to the wrong advice being given or taken.

Yes, you should have informed the DWP as there would have been a reduction in your ESA. You would be advised to discuss this with a benefits advisor in your area. We cannot tell you what to do here.

Do an internet search for "welfare advice" with your postcode, town or county.

BIS

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

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4 years 7 months ago - 4 years 7 months ago #236099 by Gary
Replied by Gary on topic ESA Overpayment
Hi John

What type of ESA were you claiming, CB or IR? as it would make a difference. You may want to contact a welfare rights organisation for specific advice.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 7 months ago by Gary.

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4 years 7 months ago #236132 by John Davies
Replied by John Davies on topic ESA Overpayment
Hi,

I was claiming CB

John

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4 years 7 months ago #236160 by Gary
Replied by Gary on topic ESA Overpayment
Hi John

If you received an occupational or personal pension that pays more than £85 a week then your contributory ESA payment is reduced by half of the amount over this limit. For example, if you receive £105 a week before tax from a personal pension , your ESA is reduced by £10, ie half of the excess figure of £20. If you receive more than one pension then they are added together for the calculation.

Gary

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

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4 years 7 months ago #236172 by Carly
Replied by Carly on topic ESA Overpayment
Hi
5 years ago I cashed in a private pension. I used if almost immediately on refurbishing and fitting a wet room to help me in my home (so in my mind was under the £16,000 quite quickly) and also did not tell DWP. About 18 months later I was then called in for an interview and fined c£2,500 which I pay back via my ESA.
Just this week, again! I'm receiving letters asking me to disclose my pension provider as according to DWP I'm getting £180 a week in pension payments! Good grief..how hard is it to look back and see this issue was dealt with? I just scrawled a reply "I'm not in receipt of ANY pensions" and sent it back.
Right hand left hand syndrome!

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