ESA overpayment

Just as my ESA has been stoped and i have appealed and left with no money, i have now recvied a letter stating they have over paid me by £130 from the 05/04/2010 - 01/03/2011 aprox £3 per week

It says to contact them to arange to pay it back. can i do this by post? i have had to cancel my landline phone since all my money was stoped i now only use my mobile phone which i dont fancy ringing an 0845 number on.

If they have overpaid you as a result of their mistake and not because you have failed to tell them something you should have or because you have given them false information, they cannot recover the overpayment unless you consent, which you are not obliged to do. So all they can do is to ask, they have no power to do more.

I recall the government saying that it was going to change this in the future but I don't recall whether it was included in the recent legislation, but to the best of my knowledge, no new provision on this has yet come into effect.

i was looking at the wrong letter when i stated dates in my 1st post its actualy from sept 2010the exact date my dla was stopped

"the overpayment occoured because in sept 2010 your circumstances changed and the office that paid your benifit was not told at the correct time about the entitlement to a primium stopping.

im assuming this is the sever disablity premium, i did not know that was linked to DLA but as they stated it started from the same date my dla stoped that must be what it is.

was it up to me to tell them about this? i did not evern know the two benifits where linked. i didnt apply for a sever disablity premium they added that to my esa claim themselves.

Ask the DWP in writing, if they intend to recover the alleged overpayment in accordance with Section 71 or 74 of the Social Security Administration Act 1992. If so, ask them to send you a formal decision letter which carries the right of appeal against the decision. If not, they cannot recover what would amount to an official error overpayment.

Following the DWP's defeat in the Supreme Court regarding official error overpayments, the government are to change the law, but not until Universal Credit is introduced supposedly commencing in 2013.

They are going to fine claimants £50 for errors in the future. Do you think they will fine themselves £50 for their own mistakes?

Crazydiamond wrote:

Ask the DWP in writing, if they intend to recover the alleged overpayment in accordance with Section 71 or 74 of the Social Security Administration Act 1992. If so, ask them to send you a formal decision letter which carries the right of appeal against the decision. If not, they cannot recover what would amount to an official error overpayment.

Following the DWP's defeat in the Supreme Court regarding official error overpayments, the government are to change the law, but not until Universal Credit is introduced supposedly commencing in 2013.

This sounds to me that you failed to disclose a material and relevant change of circumstances at the appropriate time, and this alleged overpayment can be recovered under section 71 of the SSAA 1992, although if you believe it is wrong, you can appeal the decision.

Claimants are obliged to disclose all change of circumstances as soon as possible, and therefore there is a duty imposed upon all benefit claimants to report the change timeously, to ensure their entitlement remains correct.