ESA over payment?

sja75

richard9991 wrote: »

yes they can if they do it before a certain time the payment goes in then goes out again in a couple of days and the bank have to pay it back even if it makes you overdrawn

Thanks Richard.

The aspect of being overdrawn isn't the concern for myself. It's the process of dealing with the matter effectively to ensure no problems arise...

benefitbaby

You should also note that if you have been overpaid and the error that caused this is entirely caused by the DWP then they can only ask for the money back. Official errors are not automatically recoverable this is set out in law and confirmed in the courts.

rogerblack

benefitbaby wrote: »

You should also note that if you have been overpaid and the error that caused this is entirely caused by the DWP then they can only ask for the money back. Official errors are not automatically recoverable this is set out in law and confirmed in the courts.

Only if you believe that it's rightfully yours.

sja75

That's quite interesting BenefitBaby and RogerBlack...

It seems to me that this is entirely the fault of the DWP.

However I haven't received anything in writing from the DWP regards my award as expressed in post #1... Who is to say that it would be unreasonable for myself just to accept that payment to be true?

bloolagoon

sja75 wrote: »

That's quite interesting BenefitBaby and RogerBlack...

It seems to me that this is entirely the fault of the DWP.

However I haven't received anything in writing from the DWP regards my award as expressed in post #1... Who is to say that it would be unreasonable for myself just to accept that payment to be true?

Erm you know it's not true hence your post on here, I take it you have called them to inform them. Just ring them and write to them, if they ignore at least you have tried.

sja75

bloolagoon wrote: »

Erm you know it's not true hence your post on here, I take it you have called them to inform them. Just ring them and write to them, if they ignore at least you have tried.

Agreed. However since they haven't informed me in writing about my entitlement post Tribunal and/or a small probability of a double Xmas payment, there remains a small element of doubt. Come my next payment on New Years Day, if I get paid double again (or at all) then it it is clearly an error. Additionally as they have 'only' paid one payment of back pay and the DWP has not duplicated that,makes me think... Could it be right?

I have emailed them at 6am on the day the payments were issued. Done my bit...

Horseunderwater

Then for now you have done what you can. Sort it out after Christmas, putting it to one side until you get it confirmed.

sja75

Hello

I have received the same payments again. I have had no response from the email I sent them. Additionally no still notification in writing of my award.

With that in mind is it reasonable to accept these payments are true? Again I have emailed them today.

I read an extract from Turn 2 Us as follows;


****** What if I did not misrepresent or fail to disclose?

If the benefits office decides that the overpayment was not caused by your misrepresentation or failure to disclose, the overpayment will not be recoverable and you cannot be made to repay it.

No civil penalty can be imposed if the overpayment is not recoverable.

However, even if an overpayment is not recoverable the benefits office may ask in their letter whether you want to pay it back anyway. If this happens, seek advice from a benefits adviser. You can use our Find an Adviser tool to find a local one.

Please note: Your duty to report changes of circumstances is set out in the letters awarding benefit to you. If for some reason you were not notified of your obligations, an overpayment may not be recoverable.

For example, if you are visually impaired and asked the Department for Work and Pensions to provide letters and leaflets about your benefits in large print but you only ever received letters in ordinary text, you may be able to argue you were not properly notified of your obligations to report specific changes of circumstances.

Please note: As part of the Welfare Reform Act 2012 changes, all overpayments of Jobseeker's Allowance, Employment and Support Allowance and housing costs paid with Pension Credit and Universal Credit will in the future be recoverable, whatever the cause of the overpayment. However, the Government has not yet set a date for this rule to come into effect******

Copied from:

http://www.turn2us.org.uk/information__resources/benefits/beginners_guide_to_benefits/overpayments.aspx

Any suggestions would be most helpful, thanks.

Horseunderwater

Why not just spend the amount you are sure they should pay you until you have something in writing from them stating why you have received same amount in both JSA/ESA on same day. That way if you have a letter from them stating what is what, you should then be covered. In theory at least! But we all know DWP and that some of their minions have no clue as to what the rules are.

miduck

You know you are not entitled to the overpayment as it is a JSA payment, and you do not claim this benefit. As much as you dislike 0845 numbers it would be far easier to sort this out if you called up and advised of the overpayment, or went to your local JCP in person?