Employment and Support Allowance (ESA)
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Overpayment???? errr no!

CJ61CJ61 Member Posts: 44 Courageous
Having just won my PIP appeal I am entitled to have my ESA SDP reinstated and back paid. Had a letter saying they haven't given it to me yet  because they are holding information about a possible overpayment and will want to deduct that first. I rang them (half hr wait) and asked what overpayment and they simply would not give me details. Surely its about me so I have a right to know? I pointed out that it is in fact them who owe me money and not the other way round and I have never been overpaid. On the contrary according to the tribunal court. I was wondering has anybody else experienced this? I asked if it was a standard letter and they wouldn't say. I moaned a bit and said it made me sound guilty of something and that just was not fair. Surely they're not just trying to get out of paying me? Or maybe just a delaying tactic??? Can anybody relate with this. Thank you. 

Replies

  • Si_ObhanSi_Obhan Member Posts: 32 Courageous
    This is standard as far as I know. I worked for DWP many many years ago. Even if you’ve had a small overpayment or social fund in the past, or had a partner who had one, or had deductions from your benefit for any other reason... there is something called “an interest” on your file... which basically means that at some point Debt Management have looked into your records... so as soon as the “paying office” see that they send any lump sum owed to you to Debt Management first. They have to. I know this because I used to make the payments to people who were owed money and were waiting for it. Have you ever had a housing benefit overpayment? It could be so many things that have triggered the check with Debt Management. And that’s all it is, don’t worry, it’s a final check. You will definitely get your money if you have no outstanding debts to the state though.
  • woodbinewoodbine Member Posts: 929 Pioneering
    Hi @CJ61 they aren't trying to get out of paying you are using a delaying tactic as @Si_Obhan says its most likely a final check to make sure you don't owe them anything from the past, remember the DWP are under staffed and over worked especially at the moment.
  • CJ61CJ61 Member Posts: 44 Courageous
    Si_Obhan and Ive not had a partner either so it cant be that. The only thing remotely like a social fund thingy (I don't even know what that is) is I had a £100 grant from a charity via my counselling services. But it was a grant/gift and non repayable and I don't suppose the DWP were informed. I wonder why Ive got a 'black mark' on my file. Ha! Just because I'm paranoid doesn't mean they're not out to get me...…….I'll just have to be patient which strangely is not my middle name. :-)
  • CJ61CJ61 Member Posts: 44 Courageous
    Oh ……..only half my message went up. I said Ive not had any overpayments on HB or anywhere and Ive not had a partner either.....
  • Lou67Lou67 Member Posts: 538 Pioneering
    @CJ61. Just want to say great news on winning your appeal, and hopefully it’ll all be sorted soon it’s the last thing you need to be worrying again after going through appeal good luck 😊
  • gillian72gillian72 Member Posts: 175 Pioneering
    @CJ61. well done on your appeal win 😃 Yes I had this happen to me on my esa back pay,£1,900 was my back pay an they took the whole amou
  • Lou67Lou67 Member Posts: 538 Pioneering
    Aww Gillian72 what a bummer 😠
  • gillian72gillian72 Member Posts: 175 Pioneering
    @CJ61 oppps not sure why that happened 🤔 They took the whole amount  because of my overpayment debt 😭😭
  • gillian72gillian72 Member Posts: 175 Pioneering
    @Lou67 lol story of life 😭😭
  • Lou67Lou67 Member Posts: 538 Pioneering
    Aw Gillian72 I’m the same if it wasn’t for bad luck I would have no luck 😂😂
  • CJ61CJ61 Member Posts: 44 Courageous
    @gillian72 sorry to sound ignorant but is an over payment debt? Ive never been overpaid so surely I cant have one of those or owe them anything?? Im really worried now
  • woodbinewoodbine Member Posts: 929 Pioneering
    @CJ please try not to worry; tomorrow phone them again (as early as possible to avoid the rush) and ask that they explain what they are doing, if they say they can't then politely ask for someone who can to phone you back. Let us know how you get on.
  • CJ61CJ61 Member Posts: 44 Courageous
    @woodbine
    I took your advice (thank you) and rang them again and I said if they have a 'file' on ME then surely I (being ME) have a right to know what it says??? The man was actually very helpful and said they apparently overpaid me £130 when my PIP was stopped last year and they trying to decide whether to reclaim it. They most DEFINITELY did not overpay me but I am unable to prove that and in the end its them that would win the argument. It doesn't seem fair but there isn't anything I can do about it. He also said that they had reinstated my SDP very quickly under the current circumstances being that they are so overworked and super busy which I can understand and appreciate. I am at present waiting for a call from the hospital to go for a brain scan and to be honest I just haven't got the wherewithal to jump up and down about it anymore. Thanks again for your replies.
  • woodbinewoodbine Member Posts: 929 Pioneering
    no problem, my argument would be that, that would have been official"error" i.e their mistake so they can't expect it paid back. Good luck with the scan.
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