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  • FIRST POST
    • ragdoll24
    • By ragdoll24 2nd Oct 17, 1:33 PM
    • 80Posts
    • 13Thanks
    ragdoll24
    ESA overpayment please advise
    • #1
    • 2nd Oct 17, 1:33 PM
    ESA overpayment please advise 2nd Oct 17 at 1:33 PM
    I did something really stupid last year and due to depression, anxiety and other illness I was struggling to make ends meet on benefits which included ESA and I stupidly went and done some part time work for a few months and didnít declare it until the end, but by then I had worked 7months.

    End of last year I confessed and supplied all the information they requested and the decision was that I pay back the 7mths ESA I wasnít entitled to so they have started taking around £60 out of my ESA each month and serves me right. However being a single mum with 3 children and not being allowed to work at the moment due to various illnesses Iím really really struggling to make ends meet with 3 growing children and I donít get a penny CSA from their father.

    I have now heard from housing benefit who have been informed by ESA of my work last year so they are now going to review my housing Bennett for the few months I worked to which Iím sure they will decide they have overpaid me so Iím waiting on a decision about that. ESA have already worked out that I owe them nearly £4K in the months I worked which Iím paying back £60 a month. Iím absolutely sick with worry, struggling even more to make ends meet, my depression and anxiery is crippling me along with severe hypotension which the gpís are struggling to control.

    My dilemma and question is this, because I really canít afford to live on my own with my children my partner has offered for me to move in with him next year. Problem is I didnít really want to move in with him so soon as we have only been seeing each other for 12 maths and having come out of a domestically violent marriage a few years ago Iím not ready to make that commitment but I really donít have a choice.

    If I move in with my partner from what I have researched on the internet I will loose absolutely every benefit I have including ESA, tax credits and even child benefit will be reduced as my partner earns £50k a year, so if I move in with him I wonít have any income at all in which to pay for any bills, rent, food and the things my children need along with my credit card, store card and mobile. I still canít eirk at the moment because of my illness so what do I do?? Although my partner earning £50k a year sounds a lot to you all, by the time he has paid his rent (house prices are extremely high in our area) household bills, his own debts he has nothing left to pay for my debts or put food on the table for me and my 3 children and then how would I pay the ESA overpayment back if Iím not getting any income at all?? Can they make my partner pay? Or is there any benefit I could be entitled to until Iím signed back fit enough to work?

    Iím in a terrible situation and donít know what to do??

    Any kind advise would be appreciated and please donít slate me for working last year without declaring, I know I was wrong hence the reason I handed myself in and declared it all, but itís bloody hard as a single mum when the childrenís dad doesnít help or support in any way.
Page 1
    • atolaas
    • By atolaas 2nd Oct 17, 1:44 PM
    • 1,081 Posts
    • 5,289 Thanks
    atolaas
    • #2
    • 2nd Oct 17, 1:44 PM
    • #2
    • 2nd Oct 17, 1:44 PM
    Hey, we all make mistakes! I would get advice from CAB or local advice centre - find out where you stand. I understand your reluctance to move in with your new partner. Be honest and explain your situation and find out what the best way forward is for you. Good luck xx
    SPC7 ~ Member#390 ~ £432.45 declared
    Re-joined SW 9 Feb 2015 1 stone lost so far

    Her Serene Highness the Princess Atolaas of the Alphabetty Thread as appointed by Queen Upsidedown Bear
    • poppy12345
    • By poppy12345 2nd Oct 17, 2:03 PM
    • 1,760 Posts
    • 1,588 Thanks
    poppy12345
    • #3
    • 2nd Oct 17, 2:03 PM
    • #3
    • 2nd Oct 17, 2:03 PM
    If you move in with your partner because you'll be a couple, he's supposed to support you. You're right you wouldn't be entitled to Income Related benefits with him earning that amount. As for the overpayments then you would need to contact them to make arrangement to repay those overpayments, once you move in with your partner.

    I'm not slating you, i know how hard it is being a single mother with ill health. I've been a single mum myself for over 10 years. You admitted your mistake to DWP, which you're now repaying back and that's a good thing.
    • BorisThomson
    • By BorisThomson 2nd Oct 17, 2:07 PM
    • 538 Posts
    • 885 Thanks
    BorisThomson
    • #4
    • 2nd Oct 17, 2:07 PM
    • #4
    • 2nd Oct 17, 2:07 PM
    Fraud is not a mistake, it's an intentional act of deception.

    Do you still need benefits if you have a £50K household income?

    If you're struggling financially then post a statement of affairs on the Debt board and they'll help you to cut down your outgoings.
    • ragdoll24
    • By ragdoll24 2nd Oct 17, 2:27 PM
    • 80 Posts
    • 13 Thanks
    ragdoll24
    • #5
    • 2nd Oct 17, 2:27 PM
    • #5
    • 2nd Oct 17, 2:27 PM
    I understand what you are all saying about my partner having to support me and that one of you commentated that him earning £50k a year is a hell of a lot of money but in comparison to the area we live in (and it’s not my fault the area I have been born in) is one of the most expensive county’s in the uk then £50k will just about cover him paying the rent, household bills, food. He has his own debts he had before he met me. So basically as I can’t work at the moment he would have to pay all the debts I have, my sons travel to and from college including his lunch, my girls school meals etc etc

    The overpayments I have to pay back to benefits are not his responsibility so what I was trying to find out is if I move in with him and then loose all benefit entitlement so basically I won’t be earning/bringing in any money then his am I going to pay back benefit overpayments? Where will they take the money from if I don’t get any benefits, don’t get s sickness benefit and am currently unable to work because if my illness?
    • poppy12345
    • By poppy12345 2nd Oct 17, 3:34 PM
    • 1,760 Posts
    • 1,588 Thanks
    poppy12345
    • #6
    • 2nd Oct 17, 3:34 PM
    • #6
    • 2nd Oct 17, 3:34 PM
    I understand what you are all saying about my partner having to support me and that one of you commentated that him earning £50k a year is a hell of a lot of money but in comparison to the area we live in (and itís not my fault the area I have been born in) is one of the most expensive countyís in the uk then £50k will just about cover him paying the rent, household bills, food. He has his own debts he had before he met me. So basically as I canít work at the moment he would have to pay all the debts I have, my sons travel to and from college including his lunch, my girls school meals etc etc

    The overpayments I have to pay back to benefits are not his responsibility so what I was trying to find out is if I move in with him and then loose all benefit entitlement so basically I wonít be earning/bringing in any money then his am I going to pay back benefit overpayments? Where will they take the money from if I donít get any benefits, donít get s sickness benefit and am currently unable to work because if my illness?
    Originally posted by ragdoll24
    When you move in as a couple he's meant to support you, that's the way it's meant to be i'm afraid.

    As for the overpayment, as i said before you'll have to arrange to repay that. This what becoming a couple and living together is all about.

    Have you looked into claiming PIP? PIP isn't a means tested benefit so household income won't be taken into consideration. Take a look at this link, it tells you all about it. It's not awarded based on a disagnosis, it's about how your condition/s affect you daily.
    http://www.focusondisability.org.uk/personal-independence-payment-PIP-assessment-points.html
    • ragdoll24
    • By ragdoll24 2nd Oct 17, 5:36 PM
    • 80 Posts
    • 13 Thanks
    ragdoll24
    • #7
    • 2nd Oct 17, 5:36 PM
    • #7
    • 2nd Oct 17, 5:36 PM
    I was on what was called DLA low rate mobility and low rate care for 12mths, it changed to PIP and I was told to reapply, I did and although my health had not changed in fact it had deteriorated I was refused PIP, it was at that point I become so ill and desperate I took on the past time job to try and make ends meet.

    Yes I appreciate what you say about my partner having to support all of us but he is not the father of my children and I donít feel comfortable thinking about moving in with him knowing he will then have to pay all my debts, itís not his fault and Iím responsible for my children and my debts. My childrenís absent fathers partner is not held or made responsible for paying for his children when he states he is not working. Oh by the way my childrenís father absused me physically, financially and mentally. Before I met him I owned two houses and had a good job working all the hours god sent. By the time I left my husband I had 3 children with him, he bankrupted me because he was spending our money on drugs and other wine. The police, domestic abuse teams and friends and family helped me leave him so all this mess I am in is because of him. Yet he has set up a whole new life, nice house, new cars, claims he does not work but works cash in hand so he doesnít have to pay CSA. So now I wonder if you can see my reluctance in asking or making my new partner pay for absolutely everything. I may as well stay in my little rented house with my children and not move in with him and struggle for the rest of my life as there is no way I am going to put my new partner in debt because of me.

    Iím just trying to do the right thing and move on with my life and unfortunately benefits donít help because as I said if I do move in with him and wonít be able to claim any sickness benefit I donít think legally benefits can take money from him to pay the overpayment if benefits from last year, how can they make him liable?? I just guess they will have to put a hold on the overpayment I owe until Iím fit enough to get back to work which is going to take at least another 12mths. So basically that was the question I was asking but obviously no one as yet knows the answer and that is if I move in with my partner and Iím unable to claim any benefit or any money then what will they do about the over payment I owe them which I have been paying back through reduced ESA payments?
    • nannytone
    • By nannytone 2nd Oct 17, 5:55 PM
    • 12,228 Posts
    • 18,161 Thanks
    nannytone
    • #8
    • 2nd Oct 17, 5:55 PM
    • #8
    • 2nd Oct 17, 5:55 PM
    they will wait until you claim benefits and then take it from that.
    they will wait for you to receive pension if necessary
    • benidorm59
    • By benidorm59 2nd Oct 17, 6:02 PM
    • 113 Posts
    • 38 Thanks
    benidorm59
    • #9
    • 2nd Oct 17, 6:02 PM
    • #9
    • 2nd Oct 17, 6:02 PM
    can you do some permitted work? , you can do up to sixteen hours and still claim ESA. As long as you declare it and they accept it then it will be fine. May help you money wise and if you move in with your partner least you will have some income of your own. The LA will not want all the money back at once just arrange to pay it back weekly if possible.
    • poppy12345
    • By poppy12345 2nd Oct 17, 6:16 PM
    • 1,760 Posts
    • 1,588 Thanks
    poppy12345
    can you do some permitted work? , you can do up to sixteen hours and still claim ESA. As long as you declare it and they accept it then it will be fine. May help you money wise and if you move in with your partner least you will have some income of your own. The LA will not want all the money back at once just arrange to pay it back weekly if possible.
    Originally posted by benidorm59
    If the OP moves in with her partner then she won't be able to claim ESA, therefore there would be no permitted to to do.
    • ragdoll24
    • By ragdoll24 2nd Oct 17, 8:08 PM
    • 80 Posts
    • 13 Thanks
    ragdoll24
    Yes you are correct I have been told if I move in with my partner then ESA stops. I’m already paying back the overpayment yo ESA which I have been doing for a number of months now but like I said if I move in with my partner then I get no income at all. I don’t have the energy to try and claim PIP again as we are all aware that PIP doesn’t pay out for depression/anxiety any more like DLA kindly did and my severe hypertension also doesn’t warrant PIP.
    I really don’t know what to do as I’m struggling in my own, not just financially but also physically.
    I dknow someone posted surely my partners good income can fund everything but unfortunayely when you live in an area where even a small 3 bed house to rent is between £900 and £1300 a month and council tax around £180 a month plus all the other bills and as I stated he has his own debts from a previous relationship and I have my debts his salary doesn’t cover it all, no way near.
    Yes I want to return to work ASAP but I can’t help it that I’m not fit to work, I have been walking around with blood pressure over 200 and warned by the hospital and gp if I don’t rest (not to go out to work) then I am at risk of a stroke or heart attack until they get me on a medication that will work.
    • epitome
    • By epitome 2nd Oct 17, 9:19 PM
    • 3,025 Posts
    • 1,837 Thanks
    epitome
    50K is more than me and my partner put together and we both work full time. But anyway that's not important....

    What is important is this....Please answer every question.

    Your work:
    The work that you did for the 7 months, how many paid hours a week was it? (lunch time is not paid)
    Was the working hours constant or varied?
    Did you ever work more than 16 hours in a week?


    Your benefits:

    How much is your ESA per week before deductions?
    Do you ever get DLA Care middle or high?
    You said your DLA changed to PIP and then told to reapply..
    Did you ever get awarded PIP Daily Living? (i.e. before you were told to reapply for PIP)


    Also, you should take good advice like the National Debt Line
    https://www.nationaldebtline.org/EW/Pages/contactus/debtadvice.aspx
    Ask them if the DWP can put a Direct Earnings Attachment onto your partner's earnings if you start to live with him. I think the answer is no, because you will not have a claim to benefit together and you will not be married.
    Last edited by epitome; 03-10-2017 at 8:50 PM.
    • poppy12345
    • By poppy12345 2nd Oct 17, 9:29 PM
    • 1,760 Posts
    • 1,588 Thanks
    poppy12345
    Yes you are correct I have been told if I move in with my partner then ESA stops. Iím already paying back the overpayment yo ESA which I have been doing for a number of months now but like I said if I move in with my partner then I get no income at all. I donít have the energy to try and claim PIP again as we are all aware that PIP doesnít pay out for depression/anxiety any more like DLA kindly did and my severe hypertension also doesnít warrant PIP.
    I really donít know what to do as Iím struggling in my own, not just financially but also physically.
    I dknow someone posted surely my partners good income can fund everything but unfortunayely when you live in an area where even a small 3 bed house to rent is between £900 and £1300 a month and council tax around £180 a month plus all the other bills and as I stated he has his own debts from a previous relationship and I have my debts his salary doesnít cover it all, no way near.
    Yes I want to return to work ASAP but I canít help it that Iím not fit to work, I have been walking around with blood pressure over 200 and warned by the hospital and gp if I donít rest (not to go out to work) then I am at risk of a stroke or heart attack until they get me on a medication that will work.
    Originally posted by ragdoll24
    That's incorrect. PIP isn't awarded based on a diagnosis. It's about how your condtions affect you on a daily basis.
    • ragdoll24
    • By ragdoll24 3rd Oct 17, 7:42 AM
    • 80 Posts
    • 13 Thanks
    ragdoll24
    My depression/anxiety and hypertension effect me in a daily basis as on my worst days which is a good 5 out of 7 days I sit shaking and crying, I relive the abuse I suffered from my estranged husband all the time and I still have to remain in contact with him because of the children so he still sends me assistive text messages and mucks around with the contact order with the children by either turning up late, cancelling at last min, not having them during his allocated time during school holidays, running me down in front of the children etc etc because I’m so vulnerable all this deeply upsets me and the depression and anxiety become unbearable (I have taken an overdose 3 times since I left him) as I find it hard to deal with the control he still has over me. Some days I even find it hard to concentrate on cooking a meal or anything like dealing with letters, debts etc etc. My hypertension causes me to feel extremely tired, blackouts, banging headaches, breathlessness and I have ended up in hospital 4 times in the past 12mths where I have collapsed, my bp has been sat at around 201/167 / 188/142 for the past 12mths. I just want to get better but the constant strain of trying to make ends meet and 3 children needing so many different things for school, clothes, shoes, school uniform etc etc is really hard
    Anyway thank you for some of the kind and helpful comments I have received but I can see a lot of unhelpful ones when I said what my partner earns and the people who have made those comments saying what he earns should cover everything have not once taken into consideration that different areas in the uk have very different living costs. Not once has anyone thought and I say this on behalf of all single parents that the absent partner gets away with not paying a penny for their children even when they start a new life with a new partner their new partner their new partner isn’t expected to find their children? Yet if the single parent moves in with their partner then he/she is expected to cover the children’s costs? I thought we were living in a world of equality but I don’t see any equality in that. Some of you have mentioned that what I done working last year was intentional and deliberate obviously those people haven’t suffered abuse, depression and anxiety. These conditions can often cause a person not to think straight and when desperate cause them to make bad choices like take an overdose or go out to work in desperation to pay bills without declaring. At least my guilt of doing that made me confess and repay, but my children’s father blatantly works and earns very good money he even taunts me in texts messages and laughes at me struggling financially yet even when I sent evidence of him working to CSA and HMRC (evidence was text messages and emails) they could not or would not act on them. Even when he doneckegal work a few years ago he refused to pay CSA and owes just over £3k in CSA arrests but they do nothing to make him pay that back. Where is the fairness in all that.
    All I want is the time to get better and get my hypertension under control in order to go out to work as no employer will give me a job when I fill out their job application forms which asks for medical details as knowing I have severe high blood pressure and have been told to rest they would be at risk of me collapsing. So it’s a complete vicious circle for someone like me in these circumstances.
    • Sncjw
    • By Sncjw 3rd Oct 17, 8:04 AM
    • 1,498 Posts
    • 892 Thanks
    Sncjw
    Could your son get a part time job so your not paying for his travel and lunch for college
    • epitome
    • By epitome 3rd Oct 17, 8:18 AM
    • 3,025 Posts
    • 1,837 Thanks
    epitome
    Questions...........answers
    • ragdoll24
    • By ragdoll24 3rd Oct 17, 8:33 AM
    • 80 Posts
    • 13 Thanks
    ragdoll24
    We live a little out of the way from a local town or and there is no direct bus route for him to catch a bus to get a job and the only local place near to us which is a petrol station who were advertising part time jobs and he applied they could not take him as you have to be 18yrs old to work in a petrol station even though he was applying for a position in the subway section. Any other job he could apply from would mean me driving him there and picking him up.
    • epitome
    • By epitome 3rd Oct 17, 8:49 PM
    • 3,025 Posts
    • 1,837 Thanks
    epitome
    ok maybe you need to stop trying to justify your situation in every post to who ever you think is reading them....

    And just answer the questions in post #12 so that maybe, you can start to get some help, which is what you came here for, right?
    • ragdoll24
    • By ragdoll24 4th Oct 17, 6:06 AM
    • 80 Posts
    • 13 Thanks
    ragdoll24
    You don’t need to be so aggressive. The reason I have not answered those questions as there is no point, I done wrong by trying to work when claiming ESA, I confessed and now I’m paying it back. I am on ESA income related and in the care group. DLA I was on lower rate care and lower rate mobility for 12mths, it changed to PIP and I had to reapply under PIP and was rejected, MIND had been helping me through all this and told me to challenge it, but I was so ill that I didn’t have the energy to fight it.
    • poppy12345
    • By poppy12345 4th Oct 17, 6:13 AM
    • 1,760 Posts
    • 1,588 Thanks
    poppy12345
    You donít need to be so aggressive. The reason I have not answered those questions as there is no point, I done wrong by trying to work when claiming ESA, I confessed and now Iím paying it back. I am on ESA income related and in the care group. DLA I was on lower rate care and lower rate mobility for 12mths, it changed to PIP and I had to reapply under PIP and was rejected, MIND had been helping me through all this and told me to challenge it, but I was so ill that I didnít have the energy to fight it.
    Originally posted by ragdoll24
    Epitome is extremely knowledgable when it comes to ESA. Seems you don't don't want that help even though you posted here. If you answer the questions in post #12 relating to the hours you worked over those 7 months Epitome maybe able to help you. There's no care group of ESA so i'm guessing you mean the Support Group...
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