Forgot to let DWP know that I started working again.

Ivbeenaround

Hi all,

I have been claiming benefits for around £223 every fortnight for almost a year now due to recovery from Chemotherapy and have another infusion of it on the 19th of November. This is for MS and it’s many physical and cognitive issues.

Around 4 months ago I started working less than 16 hours a week and earning less than the stated limit on the .gov website. The reason I forgot was that I added it all up on ‘Turn2us’ to get the amount of benefits I would be receiving despite working. It came to the same amount as if I wasn’t working, so happy with that answer I decided it worth getting back on my feet and working again. However I have a habit of getting completely distracted and believing I have done something when in fact I haven’t. It’s a nightmare.

So I have a phone call tomorrow morning from the compliance officer and something tells me they aren’t going to be so understanding. I was issued another form from the DWP to be returned to Ireland by post which I filled out promptly stating that will be receiving another infusion on the 19th of November.

Is there anything I can do that will help me defend myself and what could be the possible outcomes of the call. I don’t want to lie to them at all.

Many thanks in advance!

KatrinaWaves

Is this for PIP or for a income replacement benefit like ESA or JSA?

Just tell them the truth in any case, and be prepared to accept a sensible repayment plan. They may find it difficult to believe that your income doubled and you didnt realise this for 4 months*, so a fine may be imposed, but that would be the extent. You say you didnt realise because the income was the same, but surely you ended up getting more in the bank, earnings PLUS the benefits that should have stopped, or did your income not change?

Theres really nothing else to do but tell the truth.

Spoonie_Turtle

If it's for PIP then no need to worry.

If it's for an income replacement then yeah, you need to tell them - you probably have a work allowance though which is why it came out the same in the calculator, and if that's the case there won't be any overpayment. It's possible it might trigger a reassessment though, even if the work doesn't in theory go against the difficulties you've said you have.

Btw I sympathise with imagining you've done something when in reality you haven't! It's incredibly frustrating and even worse when it comes to something official because most of the workers tbere won have experienced it, and it's not really something people can understand or believe if they haven't experienced it themselves.

calcotti

The OP's opening post refers to permitted work rules so I infer this is for ESA. The fortnightly payment of £223 also corresponds to a fortnightly payment for new style ESA in the Support Group.

There are no such rules for PIP or UC and under UC the earnings would probably have been picked up through RTI anyway.

OP. It is not clear from your initial post whether your earnings have remained within the permitted work rules of less than 16 hours and the earnings threshold of £131.50
https://www.entitledto.co.uk/help/Permitted-Work-Rules.

What has happened is that ESA have become aware of your earnings but have no information from you about this so a compliance officer has been tasked with checking your entitlement.

Although you are supposed to tell them if you do permitted work if you have remained within the rules they may accept this. Work within the rules does not affect your entitlement to the ESA you have been receiving. I have never found the requirement to tell ESA about permitted work in the legislation (which doesn't mean it isn't there). If at any time you have gone over the permitted work rules you were not entitled to ESA in those weeks.

Make sure you have all your earnings information to hand so that, if necessary, you can go through it week by week, or month by month as the case may be.

If there has been an overpayment you will be required to pay it back.

Ivbeenaround

ESA and I suppose it’s a case of ‘allowed work’?

The thing is I have proof of the hours I worked, a tax code and payslips if needed. I knew that I was working but I literally forgot to inform them of any change. So I am prepared to face sanctions but I want to know to what extent it would really be?

I suppose I will just have to bite bullet and see what happens.

Ivbeenaround

Yes ESA permitted group is right.

I was earning less than the threshold and working less than 16 hours of work. I can get all of the relevant paperwork tomorrow after the phone call however not before as my place of work isn’t open till 10 AM.

I will definitely get back to this thread when I find out as it’s an interesting situation

calcotti

Ivbeenaround wrote: »

ESA and I suppose it’s a case of ‘allowed work’?

The thing is I have proof of the hours I worked, a tax code and payslips if needed. I knew that I was working but I literally forgot to inform them of any change. So I am prepared to face sanctions but I want to know to what extent it would really be?

I suppose I will just have to bite bullet and see what happens.

If you have remained within the permitted work rules I would expect that you will get told off for not telling them but your benefit should be unaffected. Please come back and let us know how you get on.