- Posts: 3
× Members
ESA overpayment - options available
- Honeybee
- Topic Author
- Offline
Less More
5 years 2 months ago #244875 by Honeybee
ESA overpayment was created by Honeybee
Following a Compliance Interview the DWP said my husband had been overpaid ESA because he receives a pension. They asked if he wanted to pay back the overpayment and he said yes to avoid being sued. We were unaware that receiving a small pension would affect contribution based ESA. My husband has been receiving P60's so we thought that they must be aware of his pension. IWe're worried that the sanction will bankrupt us and would be grateful for any advice. We were told it would take 1-2 months to receive a reply and want to be as prepared as possible before the bomb hits us.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51284
5 years 2 months ago #244901 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA overpayment
Sarah
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
I'm afraid it is impossible to make any comment based on the information that you have supplied.
What type of ESA does your husband receive? Contributory, Income Related or a combination? How much is the pension? What period is covered?
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
I'm afraid it is impossible to make any comment based on the information that you have supplied.
What type of ESA does your husband receive? Contributory, Income Related or a combination? How much is the pension? What period is covered?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8434
5 years 2 months ago #244922 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA overpayment
Hi Sarah
CB ESA is not means tested, 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.
For ESA(CB) there may be a deduction from your ESA, see paragraph 51828 and specifically 51833 of assets.publishing.service.gov.uk/governm...e/843595/dmgch51.pdf
Gary
CB ESA is not means tested, 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.
For ESA(CB) there may be a deduction from your ESA, see paragraph 51828 and specifically 51833 of assets.publishing.service.gov.uk/governm...e/843595/dmgch51.pdf
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Honeybee
- Topic Author
- Offline
Less More
- Posts: 3
5 years 2 months ago #245148 by Honeybee
Replied by Honeybee on topic ESA overpayment
Hi Gary,
thank you very much, very helpful!
Sarah
thank you very much, very helpful!
Sarah
Please Log in or Create an account to join the conversation.
- Honeybee
- Topic Author
- Offline
Less More
- Posts: 3
5 years 2 months ago #245276 by Honeybee
Replied by Honeybee on topic ESA overpayment - options available
Dear Gary,
thank you for your recent reply and advice. My husband and I are still awaiting a letter following a Compliance Interview. I was wondering what our options are if we're unable to pay back the whole amount owed. Is there an appeals process or mitigating circumstances? Is it possible to pay it off in instalments and would the ESA/DLA be stopped completely in the interim?
Best wishes,
Sarah
thank you for your recent reply and advice. My husband and I are still awaiting a letter following a Compliance Interview. I was wondering what our options are if we're unable to pay back the whole amount owed. Is there an appeals process or mitigating circumstances? Is it possible to pay it off in instalments and would the ESA/DLA be stopped completely in the interim?
Best wishes,
Sarah
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51284
5 years 2 months ago #245293 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA overpayment - options available
Sarah
You haven't told us what type of ESA you are receiving
What the DWP will do will depend on how much the overpayment is.
In round numbers, if the amount is less than about £6000 they can deduct an amount from his ESA, there are limits on how much they can take.
More than this and you might receive a Civil Penalty as well, a fine for failing to declare the pension.
If it is more than £10,000 then you are into the area where fraud might be considered and you will need to seek legal advice.
Gordon
You haven't told us what type of ESA you are receiving
What type of ESA does your husband receive? Contributory, Income Related or a combination? How much is the pension? What period is covered?
What the DWP will do will depend on how much the overpayment is.
In round numbers, if the amount is less than about £6000 they can deduct an amount from his ESA, there are limits on how much they can take.
More than this and you might receive a Civil Penalty as well, a fine for failing to declare the pension.
If it is more than £10,000 then you are into the area where fraud might be considered and you will need to seek legal advice.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David