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    • 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 2
    • ragdoll24
    • By ragdoll24 4th Oct 17, 9:42 AM
    • 80 Posts
    • 13 Thanks
    ragdoll24
    Thank you but I don’t need help with the overpayment, I know I was wrong and I declared it and I have to pay it back and I’m not disputing that! My question was what happens if I move in with my partner because I’d i do move in with my partner I loose all benefits including ESA so therefore I will not be bringing in any money what so ever until my illness is sorted and I can go back to work and my question as been what will ESA so about the overpayment I’m paying back each month if I’m not getting any money??? That is my question and has been from the start!!! I’m not disputing the ESA overpayment, I accept that and that’s why I declared it and that’s why I’m paying it back!
    • marliepanda
    • By marliepanda 4th Oct 17, 10:10 AM
    • 4,723 Posts
    • 9,512 Thanks
    marliepanda
    You will have to pay it back, just because it won't be deducted from your ESA doesnt mean you'll stop having to pay it.

    Youre saying youre going to have no money. You have a partner on 50k and child benefits. You do have money, just because you don't want to spend it on paying back ESA won't mean it will no longer be asked for.

    1. You could reapply for PIP
    2. You are getting child benefit and other child related benefits. You fraudulently claimed benefits, so you will have to use some of those benefits to make ends meet
    3. You could try some part time work again like you did before
    4. Your new partner could help you financially, as is expected of a couple.
    Survey Earnings 2017 - £163
    • benidorm59
    • By benidorm59 4th Oct 17, 11:39 AM
    • 108 Posts
    • 37 Thanks
    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.
    Originally posted by poppy12345
    If she moved in with her partner she could still work at her part time job, No ESA I know but her employment could continue
    • ragdoll24
    • By ragdoll24 4th Oct 17, 12:27 PM
    • 80 Posts
    • 13 Thanks
    ragdoll24
    You are still not reading what I have put and what my overall question was on ESA and that is if I move in with my partner and therefore wonít be entitled to any benefits or even my sickness benefit what happens to the overpayment I owe on ESA as I wonít be entitled to any benefits and I canít currently work so therefore I will not be getting any money so what happens to the ESA overpayment???? Will they hold it until Iím fit to work and then I resume paying it off??
    How can I make my question any simpler???
    • ragdoll24
    • By ragdoll24 4th Oct 17, 12:29 PM
    • 80 Posts
    • 13 Thanks
    ragdoll24
    If she moved in with her partner she could still work at her part time job, No ESA I know but her employment could continue
    Originally posted by benidorm59
    I DONT work!!!! I collapsed at the part time job as I was not suppose to be working and I got rushed into hospital!!!!
    • poppy12345
    • By poppy12345 4th Oct 17, 12:34 PM
    • 1,541 Posts
    • 1,364 Thanks
    poppy12345
    You are still not reading what I have put and what my overall question was on ESA and that is if I move in with my partner and therefore won’t be entitled to any benefits or even my sickness benefit what happens to the overpayment I owe on ESA as I won’t be entitled to any benefits and I can’t currently work so therefore I will not be getting any money so what happens to the ESA overpayment???? Will they hold it until I’m fit to work and then I resume paying it off??
    How can I make my question any simpler???
    Originally posted by ragdoll24
    You have been told many times by myself and others that if you move in with your partner then he's meant to support you!!! Meaning any overpayments can be taken from his wages all you need to do is ring DWP to arrange to repay it this way because you will be a couple!! I think you should calm down because people have tried to help you here and you're just getting even more angry!
    • ragdoll24
    • By ragdoll24 4th Oct 17, 12:36 PM
    • 80 Posts
    • 13 Thanks
    ragdoll24
    You will have to pay it back, just because it won't be deducted from your ESA doesnt mean you'll stop having to pay it.

    Youre saying youre going to have no money. You have a partner on 50k and child benefits. You do have money, just because you don't want to spend it on paying back ESA won't mean it will no longer be asked for.

    1. You could reapply for PIP
    2. You are getting child benefit and other child related benefits. You fraudulently claimed benefits, so you will have to use some of those benefits to make ends meet
    3. You could try some part time work again like you did before
    4. Your new partner could help you financially, as is expected of a couple.
    Originally posted by marliepanda

    Like I have said just because my partner earns £50k itís not enough to pay the rent, household bills, his debts, my children including food on the table for them, dinner money, clothes, school uniform, school shoes, or kit, other shoes and other normal household items!!! His money will be gone having to pay for all of hay leaving nothing to pay off debts I was left with from a domestically abuse exchange marriage which includes two credit cards and the ESA overpayment!!!
    At NO stage have I EVER said I donít want to pay it, for Godís sake it was me who told ESA what I had done in order to put it right!!! But I canít help the fact that I am unfit for work and told by hospital and GP not to work and to rest until they get on top of my illn as,, then I will happily go back out to work as I actually like working!!
    You are all so angry aggressive and blinkered, I apologised for what I done, Iím paying it back and will continue to pay it back but all I was asking was if anyone knew in the meantime how I pay it back when Iím currently sick, unable to work and considering moving in with my partner where I will then get no benefits!
    I wish I hadnít posted on this site as all everyone wants to do is be nasty and aggressive and god help me for having a partner who earns £50k wow what a sin!!!!
    • poppy12345
    • By poppy12345 4th Oct 17, 12:38 PM
    • 1,541 Posts
    • 1,364 Thanks
    poppy12345
    As also stated previously you could try again to claim PIP as it's not about a diagnosis, it's about how your condtions affect you daily. Yes i know you've been refused before but no harm in trying again and this time take the MR and Tribunal route if you're refused.
    • marliepanda
    • By marliepanda 4th Oct 17, 12:40 PM
    • 4,723 Posts
    • 9,512 Thanks
    marliepanda
    Like I have said just because my partner earns £50k itís not enough to pay the rent, household bills, his debts, my children including food on the table for them, dinner money, clothes, school uniform, school shoes, or kit, other shoes and other normal household items!!! His money will be gone having to pay for all of hay leaving nothing to pay off debts I was left with from a domestically abuse exchange marriage which includes two credit cards and the ESA overpayment!!!
    At NO stage have I EVER said I donít want to pay it, for Godís sake it was me who told ESA what I had done in order to put it right!!! But I canít help the fact that I am unfit for work and told by hospital and GP not to work and to rest until they get on top of my illn as,, then I will happily go back out to work as I actually like working!!
    You are all so angry aggressive and blinkered, I apologised for what I done, Iím paying it back and will continue to pay it back but all I was asking was if anyone knew in the meantime how I pay it back when Iím currently sick, unable to work and considering moving in with my partner where I will then get no benefits!
    I wish I hadnít posted on this site as all everyone wants to do is be nasty and aggressive and god help me for having a partner who earns £50k wow what a sin!!!!
    Originally posted by ragdoll24
    Sorry but you don't get points for telling ESA you were committing fraud... Its not a 'hooray for you' thing. You don't deserve credit for it...

    And sorry but the answer is simply, tough.

    You are blinkered in thinking that it will just go on hold whilst you live with your partner because he has loads of stuff to pay for. Again, tough!

    You committed fraud. They can take you to court to get it back. Will your partner stand by and see that, or will he help you?
    Survey Earnings 2017 - £163
    • ragdoll24
    • By ragdoll24 4th Oct 17, 12:48 PM
    • 80 Posts
    • 13 Thanks
    ragdoll24
    That’s fine then I will stay in my rented house with my children and carry on claiming benefits. Thank you all for your kind advice, for God’s sake please don’t any of you join the Samaritans as there would be a lot of people commiting suicide!
    • benidorm59
    • By benidorm59 4th Oct 17, 1:22 PM
    • 108 Posts
    • 37 Thanks
    benidorm59
    The debt if unpaid would be then passed to a debt agency by the DWP and they would pursue it as normal if you moved in with your partner and stopped paying it back Nobody can tell you to move in or stay where you are, you know best and what suits you, your decision.
    • ragdoll24
    • By ragdoll24 4th Oct 17, 4:34 PM
    • 80 Posts
    • 13 Thanks
    ragdoll24
    Oh and just to put you all straight especially those who said if I move in with my partner he would be liable for my esa overpayment, well your wrong!!!! I have just been on the phone to ESA explaining the circumstances and they said if I could offer to pay at least £1/2 a month and send in evidence of my illness and inability to currently work then a small token gesture if £1/2 a month is acceptable for them!!
    If you want to give advise on the future make sure you know the facts instead of scaremongering people saying my partner would be liable!
    • benidorm59
    • By benidorm59 4th Oct 17, 4:47 PM
    • 108 Posts
    • 37 Thanks
    benidorm59
    You would need to speak to DWP Debt management about any overpayment and paying it back, they would need a full break down of your circumstance before a payment re plan would be agreed. If you have spoken to just a contact centre then they can and do say anything. It is possible to pay it back monthly by direct debit standing order but not a pound a month
    • nannytone
    • By nannytone 4th Oct 17, 4:51 PM
    • 12,194 Posts
    • 18,103 Thanks
    nannytone
    you really are rather rude, especially when plenty of people have given you sound advice.

    the fact that you are intending to move in with your partner for purely financial purposes ( you said in your OP that you didn't want to move in with your partner but would for financial reasons) isn't a good move.
    there is nothing to stop ESA allowing you to repay over a longer period if you are suffering financially.

    moving in with the partner would mean that you lose all financial independence so doing this before you are ready is a mistake
    • poppy12345
    • By poppy12345 4th Oct 17, 5:10 PM
    • 1,541 Posts
    • 1,364 Thanks
    poppy12345
    Oh and just to put you all straight especially those who said if I move in with my partner he would be liable for my esa overpayment, well your wrong!!!! I have just been on the phone to ESA explaining the circumstances and they said if I could offer to pay at least £1/2 a month and send in evidence of my illness and inability to currently work then a small token gesture if £1/2 a month is acceptable for them!!
    If you want to give advise on the future make sure you know the facts instead of scaremongering people saying my partner would be liable!
    Originally posted by ragdoll24
    I actually did advice in one of my previous posts that you would need to arrange to pay the overpayment back with DWP!! I wasn't scaring you or anyone else!! I gave you advice multiple times and you never once thanked me!! If you want to take someones advice from a contact centre then you go ahead because i wouldn't trust them at all.

    You're moaning about 50k not being enough that's a serious amount of money for a person to earn!!!

    You really are a nasty person aren't you!!! all the advice you've been given and then you throw it back with an attitude like that. I'm done with your post, i'm out...................
    • xylophone
    • By xylophone 4th Oct 17, 6:58 PM
    • 23,124 Posts
    • 13,400 Thanks
    xylophone
    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?
    http://forums.moneysavingexpert.com/showthread.php?p=71681412#post71681412

    I have a lovely part time job at the moment in a pharmacy which I have been there for 7 months but I have to work 5 days a week 2 til 7 pm
    • epitome
    • By epitome 4th Oct 17, 10:03 PM
    • 2,867 Posts
    • 1,776 Thanks
    epitome
    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.
    Originally posted by ragdoll24
    Hey, we are all human, and as you already know, I work full time, I come here every evening to help people like you. And when you ignore my posts which are offering help...I get a bit peeved...ok. because you are wasting my time.

    And I did give you help on the other part of your question...I gave you the national debt line to call and I told you what to ask them...

    Oh and just to put you all straight especially those who said if I move in with my partner he would be liable for my esa overpayment, well your wrong!!!! I have just been on the phone to ESA explaining the circumstances and they said if I could offer to pay at least £1/2 a month and send in evidence of my illness and inability to currently work then a small token gesture if £1/2 a month is acceptable for them!!
    If you want to give advise on the future make sure you know the facts instead of scaremongering people saying my partner would be liable!
    Originally posted by ragdoll24
    Did you get that in writing?

    You cannot ask the ESA enquiry line such a question, they have no knowledge on that subject.

    You need to phone DWP Debt
    https://www.gov.uk/benefit-overpayments/how-to-make-a-repayment

    DWP Debt Management contact centre
    Telephone: 0345 850 0293
    Monday to Friday, 8am to 7:30pm
    Saturday, 9am to 4pm

    And ask them.


    Also if you do move in with your partner, you don't have to close your ESA, you don't have to do an ESA3 (which they will send to you, there is no point in doing an ESA3) You can ask them (when you tell them your new address) that you do not want an ESA3, you want them to update your address and send a handover to rebuild your ESA claim and keep it open as ESA Conts National Insurance Credits. But if you are going to do this, ask debt management and the national debt line, if your claim is "ESA Credits only" to confirm they still cannot take money from your partner's earnings.... because you won't be putting him down as "a partner" on your ESA NI Credits claim. and what would be the situation of you did have a ESA NI Credits claim and he *was* named as your partner on the claim....,

    If you do ever move out of your partner's house, you can go straight back into the Support/WRAG Group without having to wait for a new assessment.
    This does assume that you do not move out of your Partner's house into a UC only area. If you did move into a UC only area, you would have to make a claim for UC, and ask them to transfer your WRAG/support Group entitlement onto UC (so you would not have to wait for an assessment).


    You're welcome.....
    Last edited by epitome; 04-10-2017 at 10:10 PM.
    • pioneer22
    • By pioneer22 5th Oct 17, 12:22 AM
    • 417 Posts
    • 155 Thanks
    pioneer22
    £3,000 per month after tax

    £1,000 rent say.....
    £500 bills
    £400 for Food

    That's still £1100 left over £250 a week etc
    • ragdoll24
    • By ragdoll24 5th Oct 17, 9:01 AM
    • 80 Posts
    • 13 Thanks
    ragdoll24
    You would need to speak to DWP Debt management about any overpayment and paying it back, they would need a full break down of your circumstance before a payment re plan would be agreed. If you have spoken to just a contact centre then they can and do say anything. It is possible to pay it back monthly by direct debit standing order but not a pound a month
    Originally posted by benidorm59
    No it was the debt management team I rang who said I can do £1/2 a month
    • ragdoll24
    • By ragdoll24 5th Oct 17, 9:18 AM
    • 80 Posts
    • 13 Thanks
    ragdoll24
    Hey, we are all human, and as you already know, I work full time, I come here every evening to help people like you. And when you ignore my posts which are offering help...I get a bit peeved...ok. because you are wasting my time.

    And I did give you help on the other part of your question...I gave you the national debt line to call and I told you what to ask them...

    Did you get that in writing?

    You cannot ask the ESA enquiry line such a question, they have no knowledge on that subject.

    You need to phone DWP Debt
    https://www.gov.uk/benefit-overpayments/how-to-make-a-repayment

    DWP Debt Management contact centre
    Telephone: 0345 850 0293
    Monday to Friday, 8am to 7:30pm
    Saturday, 9am to 4pm

    And ask them.


    Also if you do move in with your partner, you don't have to close your ESA, you don't have to do an ESA3 (which they will send to you, there is no point in doing an ESA3) You can ask them (when you tell them your new address) that you do not want an ESA3, you want them to update your address and send a handover to rebuild your ESA claim and keep it open as ESA Conts National Insurance Credits. But if you are going to do this, ask debt management and the national debt line, if your claim is "ESA Credits only" to confirm they still cannot take money from your partner's earnings.... because you won't be putting him down as "a partner" on your ESA NI Credits claim. and what would be the situation of you did have a ESA NI Credits claim and he *was* named as your partner on the claim....,

    If you do ever move out of your partner's house, you can go straight back into the Support/WRAG Group without having to wait for a new assessment.
    This does assume that you do not move out of your Partner's house into a UC only area. If you did move into a UC only area, you would have to make a claim for UC, and ask them to transfer your WRAG/support Group entitlement onto UC (so you would not have to wait for an assessment).


    You're welcome.....
    Originally posted by epitome
    Thank you for your kind reply, ESA did give me the debt management number and it was them who advised me. Iím a bit confused what you are saying about ESA as they told me if I move in with my partner I will completely loose ESA. What you are all misunderstanding is that I know I done wrong last year in the work I done but if you knew the full personal circumstances and what hell I have been through with domestic violence maybe you would all be a bit more understanding and sympathetic. I wasnít asking for a medal for declaring to ESA about my work but at least I done the right thing and I want to get it paid back ASAP, but I canít help my health issues which are quite frightening and I want to get well and get back to work but until I do I just need some help/support as well my partner will kindly support me and the children by paying all the household rent and bills plus his own debts and putting food on the table for us all there is absolutely nothing left to pay my debts so Iím basically better staying where I am but then I feel guilty about that as I will be taking up a private rented house when it could be used for another family when I have the opportunity of living with my partner, but doing that means I loose all the help I get for my illness and children and would then put my partner in debt and would end up loosing his rented house. But it would be better in the long run for benefits if I did move in with him tax I would be getting off of benefits altogether.
    I have made the decision to stay where I am as although I struggle to pay basic bills and put food on the table, Iím better off struggling like that and not putting my partner into debt and we get to see each other every weekend anyway so will leave it to continue like that until I get a clean bill of health and get back to work. All my life I have worked full time even doing part time jobs along side my full time job, I have never claimed benefits and because my husband was abusive and destroyed me mentally, physically and financially I had no choice but to ask for help from benefits. I just hate it so much when people on here judge so harshly as I would wish what I have gone through on my worst enemy.
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