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ESA OVERPAYMENT help urgent!
silvercat27
Posts: 34 Forumite
my friend was reported to the DWP fraud dept, accused of working, which is ridiculous he has a LD and mental health issues, and has never worked, the DWP said its probably a malicious call but we have to follow this through now
he had to go for a compliance interview and the job centre a month ago, they asked if he had any savings and he said yes savings of 11,000, the interviewer said well we should be informed of savings over 6k, he's now paying back £22 a week for the current assets which he has in his bank
(however he had a letter in 2012 saying he's entitled to contribution based and income related, and only to inform of savings of 16,000 never mentioned a 6k threshold and I've checked all the letters and forms and they state 16,000 (not 6k)!
made up of
£110 CB & £70 IR
the interviewer said it will take up-to three months for a answer, on wether any overpayment will need to be paid back, and they would have to go back through years of bank statements?
my friend did not know that he had to declare any savings for this matter because he was migrated over from incapacity to ESA Support group, and when he was awarded his award letter said contributions based and IR and to inform of savings at 16,000
can they claim so much back? if so how much and what percentage, i assume thy can only claim on the IR not the contributions based - and can this be challenged because he wasn't aware, the letter he has never said 6k or more in savings, he has the letter which states 16k
can he be prosecuted for this oversight which isn't even is fault, I've read some where that if overpayment is 2000 it can goto the CPS? i would assume is overpayment at a guess is about 4,000??
he had to go for a compliance interview and the job centre a month ago, they asked if he had any savings and he said yes savings of 11,000, the interviewer said well we should be informed of savings over 6k, he's now paying back £22 a week for the current assets which he has in his bank
(however he had a letter in 2012 saying he's entitled to contribution based and income related, and only to inform of savings of 16,000 never mentioned a 6k threshold and I've checked all the letters and forms and they state 16,000 (not 6k)!
made up of
£110 CB & £70 IR
the interviewer said it will take up-to three months for a answer, on wether any overpayment will need to be paid back, and they would have to go back through years of bank statements?
my friend did not know that he had to declare any savings for this matter because he was migrated over from incapacity to ESA Support group, and when he was awarded his award letter said contributions based and IR and to inform of savings at 16,000
can they claim so much back? if so how much and what percentage, i assume thy can only claim on the IR not the contributions based - and can this be challenged because he wasn't aware, the letter he has never said 6k or more in savings, he has the letter which states 16k
can he be prosecuted for this oversight which isn't even is fault, I've read some where that if overpayment is 2000 it can goto the CPS? i would assume is overpayment at a guess is about 4,000??
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Comments
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Would you care to reproduce an example please?silvercat27 wrote: »(however he had a letter in 2012 saying he's entitled to contribution based and income related, and only to inform of savings of 16,000 never mentioned a 6k threshold and I've checked all the letters and forms and they state 16,000 (not 6k)!
It's just that the following is the position regarding capital.
Your income and savings
Your income may affect your income-related or contribution-based ESA. Income can include:
You won’t qualify for income-related ESA if you have savings over £16,000.
The relevance of the £16k is that is the point that Income Based ESA would not be payable. Between £6k and £16k it is reduced.
Highly unlikely that one letter would say he can have up to £16k without it making a difference let alone several.
On the subject of prosecution, it sounds like he's disclosed the money - albeit a little late - and that usually rules out a prosecution.0 -
the letter he had stated 16,000 savings, he has a learning disability with an IQ of 64
i don't have his letter to hand at the moment, but checked is yearly award letters nothing states about the 6k threshold! only the first letter he had said 16,000 nothing mentioned about the 6 k, so how is he suppose to know?
he got reported by someone saying he was working, then only until he went to the meeting they asked what savings and he mentioned, and he said he was not aware of the threshold!,
he didnt know that he had to disclose it because when he started esa he was migrated from incapacity, and his advocate filled in a work capability questionnaire
on his letter in 2012 it stated quite clearly
you and your partners income 16,000 never mentioned anywhere of the 6,000
so how's he too know??
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That's why it's just being recovered, because he didn't do it on purpose.
The overpayment has arisen because he didn't declare the money so is in law correct.0 -
Why put him through all this stress he had LD and mental health surely this is not fair to keep him waiting for months why they contact his bank etc, he's told them what's in the bank0
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silvercat27 wrote: »Why put him through all this stress he had LD and mental health surely this is not fair to keep him waiting for months why they contact his bank etc, he's told them what's in the bank
DWP randomly select claimants to go for benefit reviews, DWP can't just go to his bank and check his balance etc and they don't have the resources.
If he declared what he had in the first place then there would be no stress.
Are you saying DWP shouldn't conduct benefit reviews to determine if someone is getting the right amount of benefit. Or are you saying they shouldn't contact people with mental health issues...0 -
paragon909 wrote: »DWP randomly select claimants to go for benefit reviews, DWP can't just go to his bank and check his balance etc and they don't have the resources.
If he declared what he had in the first place then there would be no stress.
Are you saying DWP shouldn't conduct benefit reviews to determine if someone is getting the right amount of benefit. Or are you saying they shouldn't contact people with mental health issues...[/QUOTE
Of course they can! he had an interview and they are now accessing his account, they have the power and the resources too do this of course! They conducted the interview because some venomous horrid person said he worked when he doesn't! That's malicious
He didn't declare because he didn't know he had too! Are you missing the point hear?? He was informed on a letter any savings of 16k not anything over 6k!!!0 -
If you really believe that then produce the letter and claim official error.silvercat27 wrote: »He was informed on a letter any savings of 16k not anything over 6k!!!
The claim forms accompanying leaflets and decision letters mention both figures. They say what I posted above.
This is on the application form
Perhaps £6000 was misread as £16000.We We may reduce your income-related Employment and
Support Allowance if you or anyone you are claiming
for has savings over £6,000
They will be able to produce letters and forms referring to both figures, just like the two samples I've given. You need to produce something to the contrary.0 -
If he supplies his bank statements it will speed things up.0
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he did supply one months bank statment but they want more!0
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silvercat27 wrote: »he did supply one months bank statment but they want more!
So supply them?
At the end of the day £22 a week out of his benefits isn't a massive amount when he has £11k
He's not going to starve0
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