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Overpayment of ESA

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7 years 3 weeks ago #211868 by sincerelyred
Overpayment of ESA was created by sincerelyred
I was informed of an overpayment and a civil penalty totalling over £1200, due to an occupational pension. Having been on Incapacity Benefit since 2001, my understanding was that it would be disregarded as part of the Transitional Protection till 2020.
I feel inclined to ask for a Mandatory Reconsideration
Anyone out there have any advice?

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7 years 3 weeks ago #211885 by Gordon
Replied by Gordon on topic Overpayment of ESA
M

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

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

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Certainly ask for an MR.

Was your pension disregarded under IB, this is not the same as it not being deducted?

The relevant sections of the Decision Makers guide are

Incapacity Benefit
The Decision Makers Guide, Chapter 56, Paragraph 56153

www.gov.uk/government/uploads/system/upl...e/474064/dmgch56.pdf

ESA(CB)
The Decision Makers Guide, Chapter 45, Paragraph 45465

www.gov.uk/government/uploads/system/upl...e/658311/dmgch45.pdf

As you can see, the requirement for ESA is that the pension was disregarded under IB.

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

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