ESA to UC - Overpayment

Hi everyone, I’ve moved from IR ESA (support group) to UC. 

At my first UC meeting I was told ESA would be notified of my claim. The advisor was very reassuring that my claim would be straight forward.

Fatal last words! Something seems to have gone amiss. 

The LCWRA didn’t get transferred over to UC for the first few weeks. I then had a letter stating I’d been overpaid UC because the IR ESA had carried on being paid. The amount that’s being quoted on the overpayment is more than that which was received in ESA during the switchover. 

ESA have told me that there was a delay in UC notifying them properly and that I’m not at fault for this. 

Even ESA couldn’t understand how the amount had been calculated. I’ve asked UC to explain the calculation twice and they have fobbed me off without answering the question. Surely the overpayment is of ESA rather than UC as the ESA entitlement ended once the UC claim began? Do the DWP not have to explain how a figure has been calculated before taking payments?

I can add more info if needed, just wanted to keep the post as concise as possible. 

Please be gentle as the whole process has caused me much stress and worry.

Thank you. 

Comments

  • huckster
    huckster Posts: 5,135 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 11 September 2024 at 7:13AM
    How much is the overpayment?

    if you received too much ESA benefit, it is then reported as an overpayment.  Because the overpayment occurred while you had the UC claim running as well, UC send the overpayment letter, as you will have been paid extra ESA without it being featured as other benefit income on the UC payment statement when it was issued. 

    Overall you were paid too much benefit for the time period and the UC Case Manager will need to explain this. So in your UC journal ask for a breakdown calculation  of the overlapping benefit overpayment, as a result of UC failing to complete the notify ESA of UC claim action in a timely fashion.

    Edited. The 2 week run of ESA is only for managed migration, where DWP have instigated you moving from ESA to UC by sending migration letter.

    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.
  • Newcad
    Newcad Posts: 1,562 Forumite
    1,000 Posts Second Anniversary Name Dropper Photogenic
    huckster said:

    Edited. The 2 week run of ESA is only for managed migration, where DWP have instigated you moving from ESA to UC by sending migration letter.

    Actually that's not right - The 2-week run ons apply for any type of migration, Voluntary, Natural, or Managed.
    I voluntary migrated myself from IR ESA WRAG to UC LCW and got the 2-week run on of both IR ESA and Housing Benefit.
    It's the Transitional Protections than are dependent on you haviing first received a Managed Migration notice.
    The 2-week run ons are not TP but a seperate measure.
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