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ESA Backpay, DWP Taking money help please

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Hi all,

After winning my Tribunal and the DWP accepting the decision, i have spoken to them this morning, They have stated i've been placed in the support group and the relevant department is calculating the arrears, the advisor said that they pass the information over to debt management to see if i have any debts with the DWP and they will take any of these debts OFF my backpayment.

The thing i've starting to worry about is i have a outstanding balance on my budgeting loan which the social fund have been taking payments weekly from me for, can they really pay off that with my arrears? It doesn't seem right to me, the arrears is money i would of received if they had done the right thing and placed me in the support group first of all.

It just seems like a con, i could be wrong but i feel that i should be paid in full the arrears that they owe from when making the error and not awarding my the ESA.

She did say that debt management will check if there are any overpayments and that, she didn't actually mentioned a budgeting loan but i assume this is included in what she was saying as she mentioned any money owed to the DWP.

Hope someone here might be able to shed some light on this as i just feel its wrong that they will do this.

Thank you.

Comments

  • pmlindyloo
    pmlindyloo Posts: 13,092 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The outstanding balance on your budgeting loan, is this a debt you owe or just a normal repayment of the loan?
  • The balance on the budgeting loan is being taken weekly off my benefit, When she mentioned debt management on the phone today she said they will look at overpayments and any money i owe and will take this off your ESA backdated payment from winning your Tribunal.
  • pmlindyloo
    pmlindyloo Posts: 13,092 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    From everything I have read this can be done.

    Sorry, can't find an official 'link' for you.

    However, I do believe that you can ask for the repayment of the loan to be set up on a weekly basis if taking it from the lump sum will cause hardship.
  • Thank you for your reply,

    I thought they wouldn't be able to as i agreed to certain conditions of repayment amounts when taking out the budgeting loan.
  • I've been doing a lot of internet searching to find out but it seems everyone is saying they can and will for benefit overpayments, I don't have any benefit overpayments.
  • mejjo203
    mejjo203 Posts: 112 Forumite
    I called the DWP again, The advisor i spoke with said i'm not sure, but from my experience they don't touch crisis or budgeting loans, she said debt management will look at any benefit overpayments and that's it.

    Still don't have an exact answer as i'm heard 2 different things.
  • richard9991
    richard9991 Posts: 1,618 Forumite
    Social fund Debt is not an overpayment so as long as the payments are up to date you should be fine
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