Owed 2887 in ESA arrears yet DWP say they won't pay.

AngelSinger

I am already paying what they tell me is the maximum legal amount back to them every week for an overpayment in the past and I have been paying them the maximum since end of last year and paying them back a smaller amount per week before that.

A few weeks ago I was finally assessed by the Medical Assessors, having gone onto ESA on 4th March 2014. And then last week got a letter saying I was to be put into the Support Group and that my weekly money would go up. They also told me I was owed the 2887 in arrears, going back to June 2014, when it became eligible. But they also said they were temporarily witholding this arrears payment until they decided whether and how much they might deduct from it for the overpayment.

And then yesterday I got a letter saying they were going to take the whole entire amount - I would not get any of it.

The point is, if they had done my Health Assessment on time, last June, then they would have started paying me, weekly, the amount they are now saying they are going to take away. This is on top of the amount they were deducting all during this time, as explained above.

My question is, what can I do about this, if anything? Obviously, I shall be telling them I appeal this decision, but what is the likely outcome? Does anyone have any experience of this kind of withholding of arrears owing? What was the outcome in any other cases? Is this actually legal? And all this on the same day the MP's get a 10% pay rise...

paragon909

AngelSinger wrote: »

I am already paying what they tell me is the maximum legal amount back to them every week for an overpayment in the past and I have been paying them the maximum since end of last year and paying them back a smaller amount per week before that.

A few weeks ago I was finally assessed by the Medical Assessors, having gone onto ESA on 4th March 2014. And then last week got a letter saying I was to be put into the Support Group and that my weekly money would go up. They also told me I was owed the 2887 in arrears, going back to June 2014, when it became eligible. But they also said they were temporarily witholding this arrears payment until they decided whether and how much they might deduct from it for the overpayment.

And then yesterday I got a letter saying they were going to take the whole entire amount - I would not get any of it.

The point is, if they had done my Health Assessment on time, last June, then they would have started paying me, weekly, the amount they are now saying they are going to take away. This is on top of the amount they were deducting all during this time, as explained above.

My question is, what can I do about this, if anything? Obviously, I shall be telling them I appeal this decision, but what is the likely outcome? Does anyone have any experience of this kind of withholding of arrears owing? What was the outcome in any other cases? Is this actually legal? And all this on the same day the MP's get a 10% pay rise...

Well what is the overpayment for?? And how much did you on an overpayment? Sounds like lots...

AngelSinger

I'll give you those details another time perhaps. Do you have any helpful info?

Podge52

If it were me, provided I hadn't built up any debt then I would take it on the chin and look forward to be debt free so much sooner.

sidefx

AngelSinger wrote: »

I'll give you those details another time perhaps. Do you have any helpful info?

Why?

You want advice, so if more details are needed, why not give them?

Good luck :silenced:

paragon909

AngelSinger wrote: »

I'll give you those details another time perhaps. Do you have any helpful info?

You seem to have a bad attitude, If seems by your post you owe DWP a lot of money in overpayments.

Yet you seem to think your entitled to a further £2.8k in cash money, And still pay back an overpayment at probably £10 or less a week.

midnight_express

If you owe them more than they owe you then they don't owe you anything.

marleyboy

Sounds like they are just taking what you owe (your reluctance to mention how much you owe kind of leads us to suspect it). Yes they can take the overpayments from it and if its still not enough to cover the debt, they can still deduct the rest from your existing instalments.

shegirl

Given the amount is 2887 and that only partly covers your debt I would say it's pretty obvious you had been previously claiming something you were not entitled to. Fraud?!

If you owe them money and then they 'owe' you money while you still hold that debt that it clears part of that debt. What do you honestly expect?

pmlindyloo

Read this

http://www.rightsnet.org.uk/forums/viewthread/3033/

Post 3

Hope this is up to date legislation

beecher2

How can you be owed money, when you owe them more in the first place? Odd logic.