esa stopped now saying overpaid??

kerrym2013

my partner has been off work since may 2011 due to an accident at work. we were on is and industrial injuries benefit we were then moved over to esa, and still claiming iib. my partner had to go to atos to have medicals, the last one being in nov.(he apparnetly got 0 points) he was told over the phone that as he still had a sick note from his gp that the esa would run until jan. so now his medical certifcate has run out he has been told to go over to jsa as he's fit for work. (my partner also suffers from anxiety and depression). we recieved a letter from dwp 2 days ago stating that esa should of stopped nov 5th 2012 and that up until now (almost 3 months later) that there has been an overpayment of esa and we have to pay it all back. we were meant to get our last esa payment tomorrow but after many phone calls to esa back and forth they have not sent the payment out due to the fact there has been an overpayment of benefits. i dont know what to do im stressed out myself its making my partners dperession worse and i have 2 children to feed, i don;t undrestand why they told him his esa would run until his sick note ran out then decide all this time later that he shouldnt of got it surely they should of stopped it back in nov? not only that we've also recieved a letter from the housing benefit people to say our claim has also been suspended, and they want proof of what benefits we are on/bank statements and everything which we cant provide because we don't know whats happening we have to pay our rent otherwise our lanlord will kick us out what do we do please gie some advice??

whitewing

Get in touch with a local foodbank.

Get in touch with your MP.

Get in touch with Shelter.

Mara69

You can use the child benefit and child tax credits to feed the kids. Other than that, take the advice from the post above.

sja75

Hi Kerry

Do you intend to appeal the decision that he got nil points for ESA or are you happy to go over to JSA? I would certainly appeal in this instance particularly if you feel he unable to work through his condition.

Regards housing benefit, you won't lose that. But tell your council of the situation (that you are appealing) and the they will make sure payments are restored I was in this situation a couple of years ago, the payments took about two weeks restore. Had a chat with my then landlord and things were fine.

As for the over payment I don't think that you are liable. Have a look at the following link:

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

sja75

Mara69 wrote: »

You can use the child benefit and child tax credits to feed the kids. Other than that, take the advice from the post above.

Hi Kerrym

Please ignore Mara69.

It's a resident troll, just have a look at its previous post activity, a benefit basher.

McKneff

Troll or not, I didnt see much wrong with the advice to be honest.

rogerblack

kerrym2013 wrote: »

my partner has been off work since may 2011 due to an accident at work. we were on is and industrial injuries benefit we were then moved over to esa, and still claiming iib. my partner had to go to atos to have medicals, the last one being in nov.(he apparnetly got 0 points) he was told over the phone that as he still had a sick note from his gp that the esa would run until jan. so now his medical certifcate has run out he has been told to go over to jsa as he's fit for work. (my partner also suffers from anxiety and depression). we recieved a letter from dwp 2 days ago stating that esa should of stopped nov 5th 2012 and that up until now (almost 3 months later) that there has been an overpayment of esa and we have to pay it all back.

In order for there to be a recoverable overpayment, you either need to know you are being wrongly paid, or they need to have properly notified you in writing that your benefit is stopping.
Did you get any letters regarding the November decision?
Are they claiming any were sent?
I would request a full copy of your file - including any recorded telephone conversations - http://www.dwp.gov.uk/privacy-policy/data-protection/

Also - if you want to appeal the decision not to grant him ESA - you will need to make a late appeal.

sja75

McKneff wrote: »

Troll or not, I didnt see much wrong with the advice to be honest.

Perhaps not albeit Kerry seems to be in need of compassionate advice not just 'use your child's funds'

It's clear Kerry is in a difficult place at the moment and as such I feel Kerry needs more constructive advice regards the original post. I thought that was the idea of the this site.

Mara69

McKneff wrote: »

Troll or not, I didnt see much wrong with the advice to be honest.

That'll be not

The fact that certain posters don't like my advice doesn't make me a troll. Happily, I don't have to read the drivel that these posters write.

plum2002

sja75 wrote: »

Hi Kerrym

Please ignore Mara69.

It's a resident troll, just have a look at its previous post activity, a benefit basher.

You can actually put them on ignore, I had to, reading bigoted posts is bad for my blood pressure.

OP follow Rogers advice regarding late appeal, as to the here and now immediate need, crisis loan? Others will have more knowledge of this than me. I hope you get it sorted out, very worrying when you have children.

krisskross

Reading the OP it appears that there has been the expected income, including ESA, up to the present. So talk of not being able to feed children is perhaps a little premature especially as there will still be approx £140 a week being paid in child benefit and child tax credits. Enough to feed the whole family I would suggest with some left over for essential utilities.

Obviously the situation needs sorting out, either by late appeal for ESA or one of the parents signing on for JSA. Housing benefit will continue as usual.

Any possible overpayment will be recovered at a small amount a week, certainly not in one chunk.