repayment of ESA assessment rate as overpayment?

I have been in contact with someone today who has told me that they have just failed their ESA tribunal today. Sadly they did not have any representation or advice before going and had not understood the processes that go on.

Apart from this which is bad enough, I was perturbed to hear that she has been told that the monies she has had would now be considered an overpayment - I have never heard of this happening before - surely this can't be right?

Thank you for your reply Gordon. Yes my friend is trying to get to an advisor but you know how busy the CAB etc are just now, and it will only get worse. She is going to a walk in centre today.

I hope for her sake that a mistake has been made.

You say that there are circumstances when ESA Assessment rate is not payable - are you able to say briefly what those are?

She has been receiving income related ESA assessment level during the wait for appeal (which she had to fight for with the help of her MP). She also has a 12 year old daughter so gets child tax credit and child benefit of course. She receives also DLA low mobility rate I believe, having lost the care component.They should not take into consideration her DLA but I don't know about the Child Tax Credit and the Child benefit.

She has been told that if she applies for ESA again that she won't get anything paid out because of the overpayment. When she failed the tribunal this seems to be the first time that she has been told of an overpayment though.

I understand if you cannot throw any more light on this but I am just concerned that she has been in touch with the DWP and they have given her wrong info re needing to pay back assessment rate money.

She is one of the many who have ME/CFS who seem to be having a very hard deal with the medical assessment.

I'm sorry for your friend, this is not good.

I also have me/cfs. I failed medical and am waiting for appeal. I was told by CAB even if i lose the appeal, I would not need to pay any of the ESA back so this is worrying.

mermaid wrote:

Thank you for your reply Gordon. Yes my friend is trying to get to an advisor but you know how busy the CAB etc are just now, and it will only get worse. She is going to a walk in centre today.

I hope for her sake that a mistake has been made.

You say that there are circumstances when ESA Assessment rate is not payable - are you able to say briefly what those are?

She has been receiving income related ESA assessment level during the wait for appeal (which she had to fight for with the help of her MP). She also has a 12 year old daughter so gets child tax credit and child benefit of course. She receives also DLA low mobility rate I believe, having lost the care component.They should not take into consideration her DLA but I don't know about the Child Tax Credit and the Child benefit.

She has been told that if she applies for ESA again that she won't get anything paid out because of the overpayment. When she failed the tribunal this seems to be the first time that she has been told of an overpayment though.

I understand if you cannot throw any more light on this but I am just concerned that she has been in touch with the DWP and they have given her wrong info re needing to pay back assessment rate money.

She is one of the many who have ME/CFS who seem to be having a very hard deal with the medical assessment.

Hi,

As Gordon said there are circumstances where Assessment Rate ESA is not payable whilst pending an appeal. However turning that around, most commonly the reason people do appeal is that they are not awarded enough points at the Work Capability Assessment.
In this situation, Contributory Assessment Rate ESA is payable pending the appeal tribunal.

I have never heard of it having to be repaid in these circumstances if the appeal is lost.

If it is an error on behalf of the DWP that an overpayment has arisen, then it maybe written off without repayment by the claimant albeit the DWP may ask for it back first.

In anycase your friend does need to seek face to face help asap in order to establish the exaact situation and if necessary to appeal against repayment of any overpayment by the DWP.

Pete

mermaid wrote:

I have been in contact with someone today who has told me that they have just failed their ESA tribunal today. Sadly they did not have any representation or advice before going and had not understood the processes that go on.

Apart from this which is bad enough, I was perturbed to hear that she has been told that the monies she has had would now be considered an overpayment - I have never heard of this happening before - surely this can't be right?

There should and cannot be any ESA overpayment against a claimant who loses an ESA appeal.

If no appeal is to be made to the Upper Tribunal and the claimant now intends to claim JSA, any ESA would be offset against the equivalent amount of JSA payable for the (same) period in question. As JSA and the ESA assessment rate are identical, any benefit would be treated as properly paid under an award of JSA, and therefore no overpayment would arise.

It sounds complicated but those are the rules in order to prevent overpayments of ESA, whilst an appeal is pending against the adverse decision.