Esa Help

sandy786

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.


Is this serious as I am really worried my mental health is going through the roof at the moment. Will I go to prison? Will I have to pay the money back?

Thank you

poppy123456

Your ESA will be New style ESA. This isn't means tested so savings/capital and other income will not affect the amount you are entitled to. 

If you were actually working for your employer when you received those earnings in those months and it was more than £167/week then yes it will affect your ESA because that will be more than the permitted work earnings allowed. 

If you weren't working (being employed is different to working) then the annual leave pay that you received will not affect your ESA. Yes, the reason why they knew is because your employer does report earnings to HMRC and DWP will check this. 

No, you will not go to prison and if you weren't actually working you've done nothing wrong. Therefore you won't have a fine because again you haven't done anything wrong.

 I'd advise you to send them what they've asked for as hopefully it will say on your pay slips that it was annual leave owed to you that you received. 

sandy786

poppy123456 said:

Your ESA will be New style ESA. This isn't means tested so savings/capital and other income will not affect the amount you are entitled to. 

If you were actually working for your employer when you received those earnings in those months and it was more than £167/week then yes it will affect your ESA because that will be more than the permitted work earnings allowed. 

If you weren't working (being employed is different to working) then the annual leave pay that you received will not affect your ESA. Yes, the reason why they knew is because your employer does report earnings to HMRC and DWP will check this. 

No, you will not go to prison and if you weren't actually working you've done nothing wrong. Therefore you won't have a fine because again you haven't done anything wrong.

 I'd advise you to send them what they've asked for as hopefully it will say on your pay slips that it was annual leave owed to you that you received. 

The total amount I have received in annual leave is £2600. If I will not have to pay the money back to DWP because technically I was not working its annual leave money received. Why are they saying what was the reason I'd did not inform them if change of circumstances promptly?

As HMRC has informed them earnings are they thinking that I have been working and want to clarify what's on my payslips?

poppy123456

I’m afraid I do not know why they are contacting you. 

Yes they are asking for payslips to see what the earnings were for. Does it say on the payslips that it was for annual leave?

sandy786

poppy123456 said:

I’m afraid I do not know why they are contacting you. 

Yes they are asking for payslips to see what the earnings were for. Does it say on the payslips that it was for annual leave?

Yes the pay slips say Holiday.

How long will this investigation take and will they tell me the outcome even if its no action to be taken?

poppy123456

Unfortunately, I can't tell you how long it will take for a decision is made. They should contact you once a decision is made. 

sandy786

poppy123456 said:

Unfortunately, I can't tell you how long it will take for a decision is made. They should contact you once a decision is made. 

Hi poppy.

Wanted some further help please.

So posted off the pay slips to DWP as they requested on 13th February by signed for first class post the letter was delivered on 15th February. DWP said they need all information by 22nd February if not they may stop ESA. I had my normal payment of ESA on the 15th February and today on 29th Feb I have got my normal payment again.

Do you think DWP should of written out to me by now? As I am worried.

Thanks

poppy123456

Signed for delivery doesn’t mean it’s been delivered to DWP on that date. It would have been signed for by someone from Royal Mail sorting office. It’s not classed as arriving until it’s been added to the system, which could potentially take a few weeks. 

It may take a while before you hear anything. 

sandy786

poppy123456 said:

Signed for delivery doesn’t mean it’s been delivered to DWP on that date. It would have been signed for by someone from Royal Mail sorting office. It’s not classed as arriving until it’s been added to the system, which could potentially take a few weeks. 

It may take a while before you hear anything. 

Hi Poppy 

I have received a response from DWP they are saying the following.

We have looked again at your circumstances and decided there is no change to your employment and support allowance.

The Reason For The Decision 

To work out how much Employment and support allowance you should get we have used information given to his Majesty's revenue and customs (HMRC) by you, your employer or your pension provider and checked that against what you have told us before about your income.

Tell Us About Changes In Your Circumstances 

Even though we may check with HMRC records, you must tell the office that pays your benefits straight away about any changes in your circumstances.

For example if you get ESA you need to tell us if you have a new condition or if your existing condition gets worse. You also need to tell us if your condition gets better, or there is a change to your or your partners income or savings

poppy123456

That’s good that the correct decision was made and there will be no change to your ESA. 

sandy786

poppy123456 said:

That’s good that the correct decision was made and there will be no change to your ESA. 

Yes I'm am really happy that DWP has made the right decision.

I'm on Contribution based ESA but I'm confused the way the letter is worded.

You need to tell us about change to yours and your partners income and savings.

poppy123456

Yes, it will be a standard letter. Nothing unusual for ESA letters because they often make no sense at all. Your ESA isn’t means tested so will not be affected by capital or partners earnings. 

The only thing that affects it is if you receive a pension of more than £85/week. 

sandy786

poppy123456 said:

Yes, it will be a standard letter. Nothing unusual for ESA letters because they often make no sense at all. Your ESA isn’t means tested so will not be affected by capital or partners earnings. 

The only thing that affects it is if you receive a pension of more than £85/week. 

Thanks 

littleacorn

For me with this letter is as you are on contribution based  ESA why do they have a right to know what your husband earns, and ask for info from HMRC, employer etc?

poppy123456

littleacorn said:

For me with this letter is as you are on contribution based  ESA why do they have a right to know what your husband earns, and ask for info from HMRC, employer etc?

As I pointed out in an earlier comment, ESA letters make no sense most of the time. New style ESA/contributions based ESA is not means tested so a partners earnings will not affect the amount you're entitled to.