Overpayment stoppages

iluvmarmite

My friends husbandis receiving £71 assessment rate of ESA untill they either give him a WCA or sort his claim out without the need to have one.

About 20 years ago he was claiming JSA ( called something else then I believe) then he got a job cash in hand and didn't inform them (yes I know) any way they found out and a payment plan was arranged to pay it out of his benefit as he was asked to leave the job as they got in trouble over it.

A couple of months later he got a proper job and came off benefits but didn't carry on paying the overpayment, he then got laid off due to ill health hence the claim for ESA.

He got a letter this morning about the overpayment stating they are going to stop £21 a fortnight from his ESA to recover it, which will leave £119 a fortnight.

Are they allowed to stop this money from the assessment rate? I didn't think they are as it's the very minimum payment, fair enough if he was on a full rate.

Horseunderwater

Unfortunately they are allowed to do exactly that. You have admitted he failed to pay it all back, when he got a proper job and these things are kept on file for ever. They will even take it out of a deceased estate.
The previous name was unemployment benefit btw. Is this your only income? If not then you will need to adjust your budget a little for now. There really is not much you can do, other than claim hardship until a final ESA decision is made.
Put in your income details into the entitled 2 calculator and see what else you might be able to claim.

iluvmarmite

Thanks for the reply, it's not actually my husband, I know overpayments from DWP are exempt from statute barred I just didn't think they could take anything untill either a full payments of ESA was being made or he had to go on JSA if he wasn't allowed ESA, I don't know what other income they have but will tell her to look at entitled to.