Transitional protection

Juthbert

Hi Poppy,

Sorry to be back on this thread but I'm making myself ill with worry.

I'm going to contact citizens advice, and I think I know the answer to my question, but I'm so scared we will be in so much trouble.

Is it better we contact DWP and say we don't think we informed them I had started working? The not knowing if we did or not is awful-and deep down I'm sure we didn't because of the panic I felt when I read that we should have.

Partner feels we should wait to see if they contact us, but I'd rather know and face the consequences.

poppy123456

Please don’t be sorry for asking more questions, you can do that anytime you want to.

I’m actually very surprised that something didn’t flag when you claimed New style ESA because that should have been deducted from your partners Income Related ESA, if you were named on that claim.

Your partner should really contact ESA because it would be better for them to do this than it would be if they found out.

If they did report the changes and his payments didn’t reduce then it will be their fault so an official error, which would mean you wouldn’t have to pay anything back.

Were you also claiming council tax reduction before you started working and did you also report the changes for that?

Juthbert

Neither of us have claimed council tax reduction. I've looked at his last letters from ESA and my name isn't on them, yet I know for face he informed them we were living together. It's all such a mess and we are so scared. I've spoken to citizens advice who also said to contact them.

poppy123456

When I said “named on the claim” I didn’t mean it would specifically state your name.

Does he have a recent letter from ESA with full details of what’s included in the calculation? If so and you can post those details here I will be able to tell you if there was extra money for you.

Please note, if you post a screenshot of a letter please make sure that all personal information such as name, address and NI number are all covered or removed. This is to protect your identity.

Juthbert

Sorry for slow reply. I had my counselling and he's just rung ESA. They've taken details and said someone will be in touch early next week. He said to get as much information regarding my pay before then. He couldn't see on the system if we were on the claim as a couple because that claim is now dormant. I'll try and find a statement now.

Juthbert

Apologies, I thought I'd posted the statement. Do you think we should seek legal advice before they call back next week, or am I jumping to far ahead and should wait to see how the phone call goes?

Juthbert

poppy123456

Thank you for posting that screenshot. I can confirm from those amounts on there that his ESA doesn't include any extra money for you, this is a single person claim only.

I can also see that based on the part at the bottom which says "the amounts apply from 9th April to 2nd December, which tells me that part of his ESA was contributions based. Is he still receiving any ESA payments? They would be the same as yours £138.20/week (£276.40/fortnight)

This is also odd because I wouldn't expect him to be receiving any payment for Carers allowance due to part of his ESA being contributions based, this is due to overlapping benefit rules. He would still have an underlying entitlement to it so would still receive carers premium of £45.60. (mentioned in the breakdown) There would be no overpayment for that because it's just deducted anyway so please don't worry about that part.

I don't think you need legal advice but definitely expert advice from an advice agency near you.

Juthbert

He did receive a payment at the end of December of £245, and on our first UC payment, they deducted £192.50 as 'received benefits you were not entitled too'.

He said he has always been paid carers weekly, which was deducted from his esa.

The man on the phone said his esa had been closed.

We are terrified as overpayment from 2018 is obviously a huge amount of money. He definitely informed them we were living together, as he had to stop his housing benefit, inform tax credits as he received those at the time for his dtr ( as I've said previously I've statements from 2018 where I'm added to the claim), and I know he rang them all at the same time. It's the not telling them when I started work.

Its all so confusing. We appreciate your guidance so much.

poppy123456

The odd part for me is that the letter indicates that part of it was contributions based but his claim has now been closed so it couldn't have been.

I really would love to continue to help you but it's just so difficult on here because I can't see any of his paper work and then I would need to look for all the amounts in previous years. For this reason I definitely think it would be much better for him and/or yourself to contact an advice agency and ask for an appointment in person. He will then be able to take all of his paperwork with him so they can look through everything. This link will help you find what's local to you.

https://advicelocal.uk/welfare-benefits

Juthbert

It doesn't help that he didn't bring any paperwork when he moved in with me. I will contact our local law advice agency. Thank you again for all you've done.

poppy123456

He can request the information they hold on him by sending a Right Of Access Request, which I advised earlier in the thread. This can be done online here. I'd advise him to make sure he includes the dates that you moved in together, if you remember them. He will then be sent everything they have about him, including all the benefits he's claimed since then.

https://secure.dwp.gov.uk/personal-information-request/name

Juthbert

I've just requested that for him using the link you provided, thank you. I've requested from the time he felt the claim began, as all he's been able to tell me is that he had to go to a tribunal to be awarded. I've been ignorant of lacking knowledge, having not had to ever claim anything for myself until the last 12 months. I should have made sure I knew. Thanks again.

poppy123456

You're welcome. I think you're being harsh on yourself by saying you lack knowledge. Benefits are complex and many people find them extremely difficult to understand. I inly know because I've had many years personal experience and learning from others whilst being a member here and another forum for several years.

Juthbert

You're very kind. I've also emailed the housing benefit, to see if they still have on record when he rang and ended that claim. It probably won't help our situation, but feel need to do something. Been googling again ( I know) and seen about court cases,suspended sentences and community service. Just very aware of the significant amount of possible overpayment and it's just terrifying. If he'd not had to migrate, we'd still be carrying on oblivious, which is even more scary. I'll leave you in peace, forever grateful.

poppy123456

Thank you! I think you should stop googling because they most likely won't take you to court, if there is an overpayment.

If changes weren't reported to ESA when you moved in that's not such a bad thing if you weren't working and didn't have capital/savings of more than £16,000. This because ESA couples rate is more than ESA single person.

The worst part in terms of overpayment would be when you started work and when you claimed ESA yourself. BUT that ESA letter suggests that part of it was contributions based but you said his claim has completely ended. When you migrated across did he receive any letters from ESA about reverting to New Style ESA?

Juthbert

Juthbert

Test message

Juthbert

Hi Poppy,

Nothing about new style esa, just UC. Spent all wkend hunting and going through paper work, lots of his found in drawers. Now I have more knowledge of the esa he had, it gets worse, as when he moved in with me, I had about £20,000 in my account which was residue from the sale of the previous property. Even though the home we are in now was purchased jointly with my mum, all money in and out of my account as she was elderly. So, now got to tell them the claim should have ended before I was working. Found old tax credits notice showing he informed them now claiming as a couple 3rd March 2018. Doesn't help that we aren't entirely sure of date he left his old property, as for a while, he was back and forth between the 2 ( hence ehy trying find out when his housing benefit stopped). I feel ill with worry. Paid £40 to speak with a solicitor on justask and waiting for him to get back to me.

Juthbert

Hi Poppy,

He's only received letters about migrating to UC, nothing about New style ESA. I've spent the weekend going through paper work-have found lots of his esa letters just shoved in drawers. It gets worse as when we moved in together, I had around £20,000 in my bank account from the sale of the previous property my mum and I lived in before moving here. The home we moved from and the house we brought ( one we live in now) was purchased in myself and mum's name, but the money went in and out of my account as she was 80 and was easier than getting her to manage it

SO, when they phone, I'm also going to have to say ' actually we were over the limit and claim should have stopped before I started working '.

Such a mess. Feel so ill and just need to put it right.