Pension, Incapacity Benefit/ESA problems

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  • Alice_Holt
    Alice_Holt Posts: 5,949 Forumite
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    edited 23 April 2018 at 6:10PM
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    Rupert Bear,

    Are you in receipt of AA or PIP?

    Have you tried applying for these benefits (or DLA) in the past?


    Is your ESA contribution based or income based?
    How much is your pension annually?
    What does the £3398.99 relate to? Is that the index linked increase since April 2013 to Nov 2017?
    What amount of ESA are you getting now (with an adjustment for your pension)?
    What amount of ESA were you getting before?
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • batg
    batg Posts: 295 Forumite
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    yay!!!!

    Dandy is back!
  • bigbill
    bigbill Posts: 928 Forumite
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    From what you have said I would say the only overpayment should be the small amount of yearly increase every April as they clearly knew you had a pension when they moved you across.

    To ask you to re-pay over £3,000 suggests that they are asking for the full amount of your pension from the date they moved you across?

    If this is correct then I would think you would have a very good chance at appeal of arguing they knew at transfer date that you had a pension (As you have said they reduced your ESA by that amount) so to ignore it is "Official Error" and therefore none recoverable, the small amount of April increases would be overpaid and more difficult to argue but still worth a try at appeal.
  • rupertthebear
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    Are you in receipt of DLA or PIP?

    Have you tried applying for these benefits in the past?

    Is your ESA contribution based or income based?
    How much is your pension annually?
    What does the £3398.99 relate to? Is that the index linked increase since April 2013 to Nov 2017?
    What amount of ESA are you getting now (with an adjustment for your pension)?
    What amount of ESA were you getting before?

    Ive been in receipt of PIP since July 2013 I applied for DLA at that point to be told to reapply to PIP as Id had the form for 6 months and it took me that long to get round to filling it in. they approved that, had me a face to face and exam by a physio and then gave me the payment in December 2013
    I was on enhanced care and standard mobility from then until January 2016 , I appealed lost and stayed on standard mobility, until a recent PIP review face to face on April 4 which Im still waiting to hear back from

    My ESA is contribution based as I worked from age 24 to age 39 and paid 40% tax mostly during my employment up until age 38

    My pension started off at £468. something a month in 2012 when I was 42 so thats £5616 annually ( You don't get an ill health pension easy I was basically stated as not being able to work ever again and that is the case. Doing all these letters and trying to go through the internet has caused me awful stress and I'm about to breakdown)

    It was 502 per month which is £6024 annually until this April's increase.( which they have an authority form for ) They reduced the ESA in November when they threatened the civil penalty which they have now waived.

    The 3398.99 is the stated amount of over payment that the ESA folks are asking back. From 18/04/2013 to 28/11/2017 as their overpayment ( don't ask me how they worked it out I really don't know)

    Because by October 2018 I was getting 109.15 a week. up from 100 pounds a week in 2013 when they migrated me to ESA ( do not ask me how much my reduced Incapacity was because its been over 6years now Id have to look at bank statements and I cant find them for those years ( and they are not on the net unfortunately or if they are its after midnight and I am wrecked by having to type so much))

    The ESA I am getting now is £188.15 per two weeks.
    The ESA I used to get was £218 per two weeks,
  • rupertthebear
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    From what you have said I would say the only overpayment should be the small amount of yearly increase every April as they clearly knew you had a pension when they moved you across.

    To ask you to re-pay over £3,000 suggests that they are asking for the full amount of your pension from the date they moved you across?

    If this is correct then I would think you would have a very good chance at appeal of arguing they knew at transfer date that you had a pension (As you have said they reduced your ESA by that amount) so to ignore it is "Official Error" and therefore none recoverable, the small amount of April increases would be overpaid and more difficult to argue but still worth a try at appeal.

    They have just admitted that they omitted to migrate the pension details across, after two letters to them, and the second letter accusing them of not doing that. They went through all the records, and admitted their mistake but have only let me off two months from migration date because they say I didnt tell them of the increase but it says on the original form Does your pension increase every year and I have said yes, Every year on this date ( 21/04/) They knew that it would increase on that date when they got the form in the first place They can't plead ignorance or error on that because its there in black and white from 23/06/12 that I told them it would increase and that I didnt know by how much and that it would increase every year.

    That form told them of annual increases. IN advance if you like. They didnt properly migrate the form to ESA and because of that no auth forms, etc. I was not to know that they hadnt. I accused them of it in March this year and they had to admit that they hadnt properly migrated the pension details. Why they can't take responsibility for all the consequences of omitting that information is beyond me. Its quite clear that if that form had been migrated properly that they would have known, and would have asked me . This year I didnt know and told them so. They sent out an authority form so that they could get in touch with the pension provider, which I duly filled in and sent back and will get my ESA further cut as my pension has gone up again.
  • rupertthebear
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    all you had to do was pick up the phone (or send a letter) once a year, when you received your pension increase.

    indeed, but having informed them less than 12 months previously that it was going to increase I would have expected them to send out an authority form because they knew it was going to increase, They lost that form and then claimed ignorance and even threatened me with a civil penalty but their first words were " You didnt tell us you had an XXX pension" Not you didnt tell us of your annual increases to your XXX pension

    Then when I supply a photocopy of that form to IB, to them they come back with

    "You did not tell the ESA office on 22/2/13 that you had an XXX pension " Which I also told them was not my fault because they had failed to migrate the form I send another letter with the same form from IB with all the pension details and accuse them of having not migrated that letter

    They come back with Oh yes we forgot to migrate the pension details when we moved you to ESA You dont have to pay from 22/2/13 to 18/04/2013 > Well on that form if they had migrated it properly in the first place None of this would have happened because they would know I had had a pension from the start and would know the date of increase and if they needed to know would send out a letter of auth or ask me what the increase was.

    My problem here is that If they didnt do the first thing of migrating the information. How was I supposed to know that they had lost the form? within 12 months along with my original pension documents which they asked for at the time. I thought they knew, it said we will check you pension details and I was blissfully unaware that they needed to know the increased amount from me as I had already told them that it would increase every year. on that form.

    You tell me If someone tells you I'll check it, do you go back and ask him/her to check every year? ( if they put it in writing?) Considering you are sick, ill and in receipt of other benefits the next year?
  • Tommo1980
    Tommo1980 Posts: 406 Forumite
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    You called it right batg :-((
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