Incapacity benefits debt collection and ATOS assessments

HelpMeMove

[FONT=&quot]Hi, I’m writing this on behalf of my father who has been receiving incapacity benefits for approximately 10 years and retired early on health grounds.[/FONT]
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[FONT=&quot]A bit of background ... shortly after qualifying for benefits he began receiving his private work pension. An oversight on his part, but the private pension was not immediately declared to DWP. He has however, in subsequent years been sending copies of P60’s when requested by DWP and his pension payments were always declared. DWP took part responsibility for the error in overpayments so the debt owed was reduced which is being deducted from his benefits leaving him with 20p per week. We have no issues with this as we realise this was our mistake and he wants to clear the debt.[/FONT]
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[FONT=&quot]At the beginning of the year he was requested to attend a reassessment, he unfortunately could not attend his first appointment so it was rescheduled but he missed this too as he had confused the dates with another 3 hospital appointments that week. As a result his benefits had been stopped and we had appealed the decision (in June) awaiting an outcome for a reassessment.[/FONT]
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[FONT=&quot]Last week he received a letter from DWP debt collection for the large sum outstanding to be repaid by September. I have been in contact with DWP who can only confirm that ATOS have been passed the details to reschedule the reassessment. Having discussed this with ATOS they are unable to provide any timeline whatsoever of when the reassessment will be scheduled for. [/FONT]
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[FONT=&quot]In the meantime DWP cannot put the debt on hold until the reassessment and have advised to organise a nominal repayment with debt department. [/FONT]
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[FONT=&quot]I’d like to know if there is anything he can do to put the debt on hold until his reassessment is scheduled?[/FONT]
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[FONT=&quot]Thank you in advance, all comments appreciated.[/FONT]

rogerblack

The two matters seem separate, unless I'm confused.
For both ESA, and IB, the personal pension will likely reduce, or eliminate the amount paid.

It may be possible to get a cancellation appointment - contact ATOS, and ask if you can arrange a short notice appointment.

pmlindyloo

So, just to make sure I've understood.

Your father had an overpayment for IB because of a mix up with his private pension. This overpayment was then taken out of his future payments.

He is now being assessed for ESA but did not attend the 2 appointments for a medical which you are appealing.

In the meantime his benefits have stopped but they now want the full overpayment by September?

Hope I've got that right!

As I see it the overpayment and the failure to attend the medicals are separate issues.

You are asking them to wait until your dad is reassessed for ESA and then start the deductions for the debt again.

In my opinion the advice you have been given is correct.

Presumably because your dad was only receiving 20p in benefits there must be another stream of income in the household?

I think you have been offered a 'good deal' here. Produce an income and expenditure sheet and make an arrangement to pay based on available monies.

In the end the 'debt' has to be paid back but if this means your dad suffers financial hardship then a repayment plan can be offered.

From what you say loss of all his benefit previously does not seem to have put him in financial hardship previously. If it did then you should have been asking for a lesser amount to be deducted from his benefit.

Hope you 'get' where I'm coming from or am I missing something?

HelpMeMove

Thanks for your posts.

The overpayments have been deducted from his IB for the last 6 months or so, leaving him with 20p a week. His source of income is his private pension.

It looks like we'll have to arrange to best manage his debt with debt collection department, stalling it isn't an option.