Esa

ettsam

Hi,

At appeal it was found that an overpayment was non recoverable now they are saying I am not entitled to any ESA as there had been a previous overpayment. Can they disregard an appeal decision

TELLIT01

It certainly doesn't seem logical that a decision has been made that an overpayment can't be recovered, but it is then taken into account against subsequent claims. That doesn't mean it isn't the way the system works. Hopefully somebody who is expert on the internal workings of the system will be along to explain.

Alice_Holt

ettsam wrote: »

Hi,

At appeal it was found that an overpayment was non recoverable now they are saying I am not entitled to any ESA as there had been a previous overpayment. Can they disregard an appeal decision

No, they can't disregard a TS decision.

Are you sure it is the same overpayment?

First steps might be:
a) an MR of the decision not to pay ESA;
b) a complaint.

ettsam

Thank you for your reply I will be making a MR

calcotti

ettsam wrote: »

Thank you for your reply I will be making a MR

If you have one, include copy of appeal decision with MR.

ettsam

Thank you I will include it