Login FormClose

Free, fortnightly PIP, ESA and UC Updates

Our fortnightly bulletin, with over 80,000 subscribers, is the UK's leading source of benefits news. Find out what's changing, how it affects you and how to prepare. Our mailing list is securely managed by icontact in the US.

Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1

TOPIC: ESA and group income protection

ESA and group income protection 1 week 2 days ago #241149

Team
Looking for advice please, January 2018 I was finished work due to ill health, my employer at the time paid into a scheme ( I made no payments) where I get 50% of my salary until I reach retirement age and also meeting the criteria of the insurance company. So I was unemployed, paid tax on the monthly payment but paid no NI contributions.
Contacted DWP by phone as I explained I did not want a shortfall in my NI contributions and was informed that I was entitled to ESA, filled in the forms and stated again I was in receipt of group income protection, was then invited to a face to face at my local job centre ( to see how they can help me) they talked about how they could help me back into work, if I could work I would still be in the job I loved, and for the 3rd time told them I had GIP, and was told yet again I was entitled to ESA.
ESA contribution based payments started along with my GIP and eventually was placed in the support group, since January 2018 I had received 3 letters stating I am entitled to continue to receive ESA.
Now I receive a letter from the fraud and error department asking if I made and payments to the GIP and are checking if I am receiving the correct benefits.
Phoned them up explained all this to them, they could see on the system where I had declared my GIP, and they would pass this on to the fraud team and they would call me back.
Fraud team called next day, so I explained it all again, again the could see where I had declared my GIP, asked me to put it all in writing and state whether I paid any contributions to it, so all this went into a letter and I told them that I have declared my GIP over the phone initially, by mail and also face to face, that I had also received 3 letters from them stating I was entitled to ESA, and that I was concerned as to why this letter had been generated and would like an explanation, I was then told it would be going to a decision maker (keyboard warrior) as to what happens next.
At no point have I tried to hide my GIP but it seems I am guilty over something until proven innocent.
I would be grateful for your thoughts on the above, I have discussed this with my local CAB and their view is I am the innocent party due to a cock up at the DWP, I would be interested on your views as my opinion is, I make a mistake, I pay, you make a mistake you pay.
Sorry for the long tale of woe

Scratchgolfer

Please Log in or Create an account to join the conversation.

ESA and group income protection 1 week 2 days ago #241159

scratchgolfer

Are you claiming New Style ESA or what is called legacy ESA?

You say that you completed the ESA claim forms, the forms for NS ESA and ESA ask about any pensions or similar that you might be receiving or about to receive, did you include information about the policy on the form?

If you did then you have properly notified the DWP.

Even if you did not include the information on the form, from your post, you appear to have notified them within a proper time.

If you are receiving legacy ESA then an overpayment due to Official Error is not recoverable from the claimant although the DWP may "invite" you to pay the money.

If you are receiving NS ESA then my understanding is that all overpayments are recoverable although the DWP can waive this is in certain cases.

Gordon

Please Log in or Create an account to join the conversation.

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

ESA and group income protection 1 week 2 days ago #241164

Gordon
As my claim was only last year I presume it is new style ESA, I informed them 3 times, on the form, by phone and face to face, I don’t see I could have done much more.
As I said they can see it was logged on the system.
So even though through their incompetence I could still have to pay back any monies paid to me,
SG

Please Log in or Create an account to join the conversation.

ESA and group income protection 1 week 2 days ago #241167

scratchgolfer

It is a possibility.

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Page:
  • 1
Moderators: GordonGaryBIS