Fined by DWP for late notification of restarting work

Pupinski

I was on ESA for about 3 years until 2012 as I was unable to work because of severe depression and mental health issues. Returning to the workplace was a huge thing, and a big risk for me, particularly as it was at relatively short notice and I was moving to a different part of the country far from my support network. It was a very stressful time, and I notified the DWP, about a week after moving, that I had just started work and was no longer entitled to ESA. My letter would have reached them shortly after an ESA payment was made, part of which I was entitled to, and part of which was an overpayment because of the date I started work. I repaid the overpaid portion immediately. The DWP added a fine for 'late notification'. I had no idea that I would be liable for a fine, or that there was a particular deadline for notifying them, other than 'as soon as possible'. I wrote to them explaining that I had a recent history of extreme stress (which is why I was on ESA in the first place) and that organising the house move and re-entering the employment was extremely stressful for me, and that, under the circumstances, I felt that I had notified them 'as soon as possible'. I asked for a copy of any correspondence in which I had been given a deadline for notifying them that I was starting work, where they had notified me that I would be liable for a fine, and what the criteria were for determining what was deemed to be 'as soon as possible'. I also asked what consideration they had taken of my health at the time. The response was simply that they had reviewed the case and felt that the fine was justified - no response to the specific information I had requested. Since I did not have the information on which to formally appeal the decision within their deadline for doing so, I ignored further letters telling me to pay the fine. I have now (almost 2 years on) received a letter from Fredrickson DCA acting for 'Akinika on behalf of DWP' saying I need to be the fine immediately. I feel the fine is totally unjustified, and am unsure of the basis on which it was made, and so don't know how to proceed with this. Has the DWP sold the debt on, or are the DCA acting, effectively, as employees of the DWP? What if I just ignore the letters? I definitely don't want to deal with the DCA. I'd appreciate any advice anybody can give. Many thanks.

[Deleted User]

sorry cant help as its impossible to read a block of typing,can you split it into paragraphs?

p00hsticks

Pupinski wrote: »

I was on ESA for about 3 years until 2012 as I was unable to work because of severe depression and mental health issues. Returning to the workplace was a huge thing, and a big risk for me, particularly as it was at relatively short notice and I was moving to a different part of the country far from my support network.

It was a very stressful time, and I notified the DWP, about a week after moving, that I had just started work and was no longer entitled to ESA. My letter would have reached them shortly after an ESA payment was made, part of which I was entitled to, and part of which was an overpayment because of the date I started work. I repaid the overpaid portion immediately.

The DWP added a fine for 'late notification'. I had no idea that I would be liable for a fine, or that there was a particular deadline for notifying them, other than 'as soon as possible'.

I wrote to them explaining that I had a recent history of extreme stress (which is why I was on ESA in the first place) and that organising the house move and re-entering the employment was extremely stressful for me, and that, under the circumstances, I felt that I had notified them 'as soon as possible'. I asked for a copy of any correspondence in which I had been given a deadline for notifying them that I was starting work, where they had notified me that I would be liable for a fine, and what the criteria were for determining what was deemed to be 'as soon as possible'. I also asked what consideration they had taken of my health at the time.

The response was simply that they had reviewed the case and felt that the fine was justified - no response to the specific information I had requested. Since I did not have the information on which to formally appeal the decision within their deadline for doing so, I ignored further letters telling me to pay the fine.

I have now (almost 2 years on) received a letter from Fredrickson DCA acting for 'Akinika on behalf of DWP' saying I need to be the fine immediately.

I feel the fine is totally unjustified, and am unsure of the basis on which it was made, and so don't know how to proceed with this.

Has the DWP sold the debt on, or are the DCA acting, effectively, as employees of the DWP? What if I just ignore the letters? I definitely don't want to deal with the DCA. I'd appreciate any advice anybody can give. Many thanks.

Reformatted for easier reading

CKhalvashi

Is there anything to appeal the 'fine'? (Idk if this is the correct term)

If not, it's probably going to cause more stress finding out what needs to be done about it for appeal, than paying it if it's for a small amount.

Just my PoV, not a legal view.

CK

tomtom256

Its not a fine as such, it's a civil penalty I believe. which is now issued if people fail to notify a change of circumstances that means they received benefit they were not entitled to.

I can't fimd the DWP link but read this http://www.turn2us.org.uk/about_us/media_centre/news_archive/civil_penalties_can_be_imposed.aspx

tomtontom

You're far too late to appeal, you need to arrange to pay the outstanding amount.

TELLIT01

For your own peace of mind I would suggest you simply pay the charge (£50 I think) and move forward. The hassle involved in trying to dispute it really isn't worth it!

Viberduo

Typical DWP, they have no problem with them paying late and tell you to keep waiting but if you take a few days to get back to them you get a fine.

dandelionclock30

If it was me I would contact my M.P and explain the situation and ask them to help. My MP has been great in getting things done when I was getting fobbed off on a matter.
They may be able to get the matter sorted for you.

Almost-free

Just pay the fine. You have no chance of appealing after this length of time and I would imagine the stress of trying to contest this will be much much more damaging to your health than simply paying the fine. Sometimes it's better to be happy than 'right'!

scootw1

OP, does anything in this link apply to you as you may stand a better chance if it does:

http://www.turn2us.org.uk/about_us/media_centre/news_archive/civil_penalties_can_be_imposed.aspx