ESA Contribution Based

I get employment support allowance contribution based. I have today received a letter from DWP On behalf of the fraud and error prevention service centre manager.

They are saying HMRC have notified the department of my earnings from my employer They want my payslips from October 2023 to January 2024. 

It appears from the information we have that you failed to report a change in your circumstances promptly and we need more information about this from you.

You are required to provide information with your claim or when asked which is correct and complete. This includes correcting andy mistakes and reporting and changes in your circumstances straightaway. If you don't do this and this means that you have been overpaid benefit then this could lead to a £50 civil penalty being imposed.

We need you to tell us if there was a reason why you failed to report a change in your circumstances promptly. Earnings from your employer.


I have not done any thing deliberately I had been on long term sick leave and when my statutory sick pay ran out I applied for ESA contribution based. I have still been employed by my employer on sick handing in sick notes with the hope I will get better and return to work I had outstanding annual leave my employer paid me for this in Oct Nov and December 2023 in small amounts. I handed in my notice on 14 December 2023. I have my p45 which gives leaving date as above. I have my payslips for Oct,Nov,Dec but not January 2024.

Can someone please advise me on what to do I am really worried by this letter I have not done anything wrong  will I go to prison.

Thank you

Comments

  • Newcad
    Newcad Posts: 792
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    You should have told them about the payments, and about leaving work.
    All that you can do is comply and give them the evidence that they are asking to see, copies not the originals.
    If you don't have what they are asking for then you will have to explain why not.
    (The P45 will explain why you don't have a payslip for January).
    If they insist on seeing the originals then make copies for yourself, and say you will take the originals in but you don't trust sending them in the post.
    It is highly unlikely that anyone is going to try and send you to prison for a few of months of overclaimed ESA.
    If you have been paid benefit when you shouldn't have then they will want it back, they'll come up with a payment plan or deduct it from ongoing benefits that you have..
    If they believe that you did it deliberately then they will add the £50 penalty, that's a civil penalty not a criminal one.
    Moving on:
    As you are no longer working are you now claiming UC?
  • pope
    pope Posts: 197
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    Newcad said:
    You should have told them about the payments, and about leaving work.
    All that you can do is comply and give them the evidence that they are asking to see, copies not the originals.
    If you don't have what they are asking for then you will have to explain why not.
    (The P45 will explain why you don't have a payslip for January).
    If they insist on seeing the originals then make copies for yourself, and say you will take the originals in but you don't trust sending them in the post.
    It is highly unlikely that anyone is going to try and send you to prison for a few of months of overclaimed ESA.
    If you have been paid benefit when you shouldn't have then they will want it back, they'll come up with a payment plan or deduct it from ongoing benefits that you have..
    If they believe that you did it deliberately then they will add the £50 penalty, that's a civil penalty not a criminal one.
    Moving on:
    As you are no longer working are you now claiming UC?
    They have asked for this information to be sent by post. I don't have hard copys of payslips because they are online so can print will that be ok? I was fully aware that if I returned back to work then I will need to notify DWP but I thought I have not actually worked its annual leave and don't need to notify. My mistake but I was not aware could I write a little note explaining this to them?

    Do you think definitely there will be overpayment on my ESA and they would want money back? I don't get esa because of capital.
  • huckster
    huckster Posts: 4,776
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    Yes printed wage slips will be ok.

    Remember that ESA only see that employers are reporting earnings to HMRC and then they see you have not mentioned any ongoing payments from employers. So when you send the wage slips in, you just need to explain that you have not worked and that the amounts are employers paying you for x reasons.

    Once they receive the information, they will check how your claim is affected and if they believe that you owe an overpayment they will write to you stating the reasons for this. And you would have rights of appeal, applying for mandatory reconsideration as the start of the appeal process.
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
  • pope
    pope Posts: 197
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    huckster said:
    Yes printed wage slips will be ok.

    Remember that ESA only see that employers are reporting earnings to HMRC and then they see you have not mentioned any ongoing payments from employers. So when you send the wage slips in, you just need to explain that you have not worked and that the amounts are employers paying you for x reasons.

    Once they receive the information, they will check how your claim is affected and if they believe that you owe an overpayment they will write to you stating the reasons for this. And you would have rights of appeal, applying for mandatory reconsideration as the start of the appeal process.
    I don't think I have done anything wrong because technically I have been employed but have not worked payments are from annual leave which is also clearly marked in my payslips as Holiday pay leave which I acquired while off sick. 

    I will write a little note explaining as you mentioned. I have untill 22nd Feb but I will get it posted tommorow. I'll update on here what happens. 




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