Notifying DWP of New Pension when in Receiving ESA

Hi

Though my ESA is not means-tested, I was told I am obliged in this situation to inform DWP. I did and they sent a prepaid envelope for me to send evidence back to correct centre.

Two months on, they have been paying as usual when I would have expected deductions. Now, is there is general rule about how far back they can backdate deductions?

I have done tbe right thing as a citizen and a claimant and it Seems unfair if DWP can take all the time they want to look at it. I'm worried they'll hit me with a big deduction which means I have to pay back a large sum or go without ESA for a while. I sent evidence by recorded mail and have proof of delivery.

what do you think, can they take time and backdate whatever amount of adjs is needed whenever?

Thanks, A

Hi Augustus,
Just read your post and can offer a little in sight or at least recount my experience of notifying the DWP of a change of circumstance.
In my case I received a small inheritance which I immediately wrote and informed them of. After about 6 weeks I had heard nothing and as I too was expecting an adjustment to my benefit I telephoned to check it had been received. This was confirmed, not yet been actioned but would be chased up. I felt I had done everything I could to bring the increase in my savings to their attention.
Then things began to unravel for me, ESA review and face to face resulting in 0 points, being evicted from my rented home of 22 years and my Father dying- all in a space of a couple of months. As you can imagine I didn't give much thought to the lack of response from the DWP!
A year or so on when life became a little more settled it came back into my head that nothing had resulted from my original letter. I contacted welfare rights who advised I had 2 options, contact them again or do nothing secure in the knowledge I had notified them as required.
I decided to raise the issue with them again which resulted in them immediately stopping my ESA and requesting 2 years worth of bank statements and receipts for all items bought for £250 and above. And that's how they treated me when it was their oversight!
I got it sorted fairly quickly with a letter from Welfare rights and my ability to quote dates of when the letter was sent, received and my telephone calls and with who. I sent copies of all those statements and receipts too but was pretty cross about it.
My benefit was reinstated within about 2 weeks, the adjustment was calculated but only from that date, they made no attempt to backdate it as although reluctant to actually admit it, I understand their is legislation that protects claimants from the DWP trying to claw money back when the error is theirs. I gather there is no such protection under Universal Credit.
It was a hassle and a worry even though I had acted correctly and responsibly. Do the right thing and they still attempt to punish you for it.
I hope whatever you decide, further action or not, it is sorted soon

Gaddy

Thank you for relating your terrible experience, but I've decided I'm not going to be bullied or anything else like having to chase them up. That is not my function or obligation.
My only obligation is to notify them, which I did by phone and then by recorded delivery mail. Let them dare say they never received it.
I'm going to wait because it sounds like this could surface next week or next year. If latter, and they attempt a massive clawback, having paid me as normal in the interim months, then I'll write to my MP etc.
People lead busy lives etc and I'm afraid many fear the DWP. They shouldn't as we don't live in a dictatorship - yet!

A

Gaddy

I don't wish to intrude too much but were you receiving means tested ESA when you told DWP of your inheritance?
If not, then it should not have made any difference & you wouldn't have had to notify them. I am receiving contributory non means tested and only have to notify them because Pension is deemed Income and because of special rules re Pensions. If I had taken alump sum and nothing else, I would not have had to tell them - or so it is said.

A