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ESA Clawback

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12 years 4 months ago #73480 by martyn williams
ESA Clawback was created by martyn williams
My daughter who was a nurse for 2yrs and 90 days before being forced to take early retirement on health grounds, has just been told she will have to repay all of her ESA payments from October last year.
Initially she was awarded the contributary ESA payment as she had been paying NI contributions for over two years,now they are saying that they only take into account contributions made prior to the first of January in the year of the claim.
This means that as the claim was made in October she loses ten months from her NI contribution period, as she receives a small pension from the NHS she cannot claim on income grounds either.
Is this correct? and if so why did they pay the ESA in the first place?
I would appreciate your views.
Many thanks regards Martyn.

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  • RachelPotter
12 years 4 months ago #73487 by RachelPotter
Replied by RachelPotter on topic Re:ESA Clawback
Hi Martyn, I think that I am right in saying that;

if your daughter filled in all her forms correctly and she was paid benefit,

they can ask her to pay the money back but can not make her pay it back as the over payment is their error.

Obviously, if she made any errors when filling in the forms, she would be liable to pay it back.

I would advise you to take her to the CAB for advice if you can.

Best wishes,
Rachel

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12 years 4 months ago #73493 by Gordon
Replied by Gordon on topic Re:ESA Clawback
Martyn

As Rachel has suggested your daughter needs to seek immediate advice from her local CAB or Welfare Rights office.

Whilst the DWP are not able to claim re-payment of ESA if the fault is theirs, that there has been an overpayment, it is beyond the scope of the forum to confirm whether this is the case or not.

Good luck

Gordon

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

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12 years 4 months ago #73494 by martyn williams
Replied by martyn williams on topic Re:ESA Clawback
Thanks for your views , I think I will seek advise from CAB ASAP.
Thanks again Martyn.

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