Paid by mistake by work, will it affect ESA

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Hiya,
I've just joined as I am looking for help and advice really.

I have been on long term sick for almost a year.
My employer refuses to change my role due to my disability, instead they are waiting for an eligibility review for income protection to take place.
As I exceeded SSP, I got accepted onto ESA.
My employer has previously overpaid me, and put me into a debt with them but I wasn't claiming ESA then.

And just this week, they have overpaid me, I am presuming by mistake as I had told them to consider me on sick until until I agree a return date.
I only received in my account just over £600 as the rest went to paying the previous over paid amounts. 
As they have paid me, and I am claiming ESA - what do I need to do if anything? How will this affect my claim?

I will be taking legal advice on my whole situation but feel this is almost the last straw with them. I have a baby, and childcare costs get a reduction because I am on ESA  and can be stopped too.

Any advice would be great thanks in advance

Comments

  • poppy123456
    poppy123456 Community member Posts: 57,304 Championing
    edited November 2023
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    You need to find out what the pay is for. If it's income protection, I've found a thread on Rightsnet that may help answer your questions. Please have a read. https://www.rightsnet.org.uk/forums/viewthread/10786/#51066

    If it's earnings or holiday pay then because you're not currently working then it won't affect your ESA.

  • FrustratedBones
    FrustratedBones Community member Posts: 2 Listener
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    You need to find out what the pay is for. If it's income protection, I've found a thread on Rightsnet that may help answer your questions. Please have a read. https://www.rightsnet.org.uk/forums/viewthread/10786/#51066

    If it's earnings or holiday pay then because you're not currently working then it won't affect your ESA.

    Thanks Poppy. Thats an interesting post as it seems to indicate that even when If I do start to receive GIP that I may still be able to also receive ESA.
    I am waiting on a  decision for the GIP that should come very soon.

    In the meantime I need to try and find some free legal advice!
  • poppy123456
    poppy123456 Community member Posts: 57,304 Championing
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    Yes that maybe the case. Although it’s complicated so for that I’d advise you to get some advice from an agency near you. 
  • Hannah_Alumni
    Hannah_Alumni Scope alumni Posts: 7,908 Championing
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    Hello @FrustratedBones

    Welcome to the community! :) Please keep us updated. You could always reach out to Citizen's Advice to help support you.