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ESA overpayment

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7 months 3 weeks ago #289338 by Hazel1519
ESA overpayment was created by Hazel1519
Hi I’ve been landed with a £27000 overpayment bill! In 2012 I was told I was one of many people on the wrong esa and was given a back payment and payments raised. Who’d argue with that?!
Now they say I shouldn’t have got it because of my work pension.
I’m totally stressed out. Anyone else had this?
The following user(s) said Thank You: Prudent

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7 months 3 weeks ago #289366 by Gary
Replied by Gary on topic ESA overpayment
Hi Hazel1519

The good news is that we are talking about a legacy benefit, if it is an official error then you do not have to pay them back.

You do need to seek specialist advice from your local Welfare Rights Organisation; advicelocal.uk they will be able to help you, especially if they knew about your work pension.

If all else fails, depending on your circumstances the fall back position would be to apply for a Debt Relief Order, you will need to seek specialist advice to go down this route and there is no hurry, DRO ceiling goes up in the summer to £50k at present it is £30k.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 months 3 weeks ago #289374 by Prudent
Replied by Prudent on topic ESA overpayment
This seems to be a huge oversight on their part I hope you get it resolved.

I am not on this scale in any way, but I have recently had an overpayment. I had problems with missing payments in the autumn and had to phone in a few times. I was told there was too much information on my file and the computer was unable to make the payment. Rather odd, but they said it would be resolved.

In January I got a payment just under £13 higher than usual. Like you, I have a pension which reduces my payments. As some of my autumn payments had been quite late, I assumed it was money I was due. Then a letter arrived confirming I was entitled to ESA and that there was a calculation on the next page. That page was missing so I phoned in again. I was told the calculation was correct and the letter was just sent out because they had sorted my file issues.

I have low confidence in the call handlers having the correct information, so I covered my back by writing to them. I gave them details of my previous payments, and the date of increase and asked them to check again that my increased payment was correct. That was a month ago and I still haven't heard anything. My payment came in today at the higher amount again. I kept a copy of the letter and proof of postage. I am anxious that in future I will face a letter from them with this kind of demand.

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7 months 3 weeks ago #289376 by Gary
Replied by Gary on topic ESA overpayment
Hi Prudent

You are doing all the right things, one of the issues with official errors, with legacy benefits you can argue for them to be written off, unfortunately with UC even if there is an official error they can still recover the error, trying to get anything written off is very very hard.

Gary

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