No longer eligible for ESA (Contribution based - support group)

Jyana

I am afraid those questions I do not know how to answer. Someone who knows more about the inside workings might be able to help, or talking to CAB or your MP would probably be a good idea. I hope it all gets worked out for you though. 

AdamPD

I understand, thank you for all your help Jyana

Alice_Holt

Since the ESA overpayment seems to be official error I'd challenge on that basis, and whether it should be recoverable from yourself.  Legacy benefits such as ESA have different o/p recoverability criteria to UC (UC o/p's are recoverable regardless of official error).  I'd go down this route - what do other forumites think?
Especially if you stopped claiming UC in some of the period ESA was incorrectly being paid ?

But, and I keep posting this, you need to get help from your local advice charity on this.

AdamPD

Thanks Alice
I don't believe I have a case as far as not paying it goes, as if I read correctly, it's "New style" ESA that I was on, which has the same rules as UC, so even if it was their error, it has to be paid back.

Jyana

I definitely think the fact the original UC claim was stopped due to ESA starting has some merit to be looked into. But some advice really should be taken before approaching the DWP with it.

Alice_Holt

AdamPD said:

Thanks Alice
I don't believe I have a case as far as not paying it goes, as if I read correctly, it's "New style" ESA that I was on, which has the same rules as UC, so even if it was their error, it has to be paid back.

     Apologies - yes you are right.

     However, the advice agency you contact may be able to look into whether the overpayment should be offset by the benefits you could have been receiving in place of the now withdrawn ESA , this could be:

i)  I infer from your posts that at some point you stopped your UC claim and were just receiving ESA (which ESA are now recovering), so the ESA overpayment should be offset by the UC you could have been claiming for that period,

ii) The UC you could have been claiming for the period since you were placed in the support group would have included the LCWRA element. You could argue that this element should also be offset against the total ESA o/p.

Had you not closed your UC claim - you should have been receiving the std element and the LCWRA element which approx to £660 pm less your ESA (say c. £130 pw) - so c.£100 pm plus any housing entitlement, etc if applicable.

Ask your advice charity to challenge the amount of the ESA o/p because it hasn't  (??) been calculated after offsetting any benefits payable had ESA not made the error about your NI contributions. 
If you hadn't been eligible for ESA, then you would have claimed UC, and continued to claim UC.

https://www.gov.uk/government/publications/benefit-overpayment-recovery-staff-guide/benefit-overpayment-recovery-guide
See paras 3.3 & 3.4 & 3.17

AdamPD

Thanks very much Alice.

AdamPD

Sent an email to my local MP just as a heads up on my issue.
I got confirmation from RM that my letter was delivered/signed for, so I saved that, just incase they say it wasn't.
Waiting to hear back from citizens advice still, but I know they're busy.

AdamPD

Looks like they're already taking the money back from my UC payments, I just noticed this on my UC payments tab

Debts and loan repayments

Other DWP benefits recovery
minus‑ £92.18

AdamPD

"I have raised this with our decision maker and there is a to-do in your account to provide evidence to support this for example the overpayment letter from ESA."

They want me to provide evidence by sending a copy of the letter they sent me?
It's like they want to make it as stressful and awkward as possible.