ESA overpaymant

lancsboy

Hello
i was clameing dla at the mobilty Middle and care at midle so got severe disability from esa.
went for a medcal in july last year mobilty high care law so severe disablty should of stoped but did not overpaid over £2000 they say i did not tell them my dla changed .
went to ask dla to look at my clame with in 4 weeks leter from them sayng e mobilty high and care at midle ,
i phoned esa up to tell them off the change DLA will tell them so did i have to tell them thanks
sorry my speelng is so bad

Horseunderwater

Why does the DWP think that they have paid you too much ESA? According to Entitled to anyone who get DLA at the Middle or high rate care level gets SDP if they are single and live alone and no one is getting carers allowance for them - see link: http://www.entitledto.co.uk/help/severedisabilitypremium.aspx
Or are you in a relationship and they think that your OH is claiming something perhaps? A little bit more information and you will get a little more help.

lancsboy

My DLA care part was cut from midle rate to low rate i live by my self

rogerblack

To clarify.
Last July, you went for a medical for DLA, which resulted in your mid-rate care award being reduced to low-rate.
You did not tell ESA - so they continued to pay you the severe disablement premium.
When did you go to DLA, and ask them to look again at your claim?

When they did this, did they reconsider the decision made shortly after last July, or did they make a fresh decision that shortly after you asked them to look again at the claim you were eligible for mid-rate care?

If the DLA people have reconsidered the decision of July - then there is no overpayment - as you have always been entitled to DLA at the mid-rate.

If they made a fresh decision as of the date you asked them to look at your award - then there may be one from the period between the first decision and the next.

lancsboy

they made a fresh decision ,
i phoned them today to see if they could look at the gap he said they can
can change the decision,

rogerblack

lancsboy wrote: »

they made a fresh decision ,
i phoned them today to see if they could look at the gap he said they can
can change the decision,

"can can"?
Do you mean can not?
You should probably consider making a late appeal against the July decision. You are in-time for this.
Has your condition been the same over all the time your DLA was reduced?

This would involve making an appeal in writing to the DWP - asking to make a late appeal against the decision made after the medical in July.