Employment and Support Allowance (ESA)
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Recovery cb esa debt.

Paddock59Paddock59 Member Posts: 26 Connected
Was invalved in a rta 2 yrs ago. During this period I was of work and still are. The dwp paid my sick benifit and my 365 cb esa then it stopped.  Recived letter from dwp to say they have recived payment from third party ie insurance company. Surley this means the dwp haven't paid my esa cb benifit the insurance company have. As I have paid my national insurance contributions up to date over the years I technicaly beleave the dwp haven't paid my legal benifit as this has been paid to them by third party and I should be paid 365 days cb esa from the dwp. They say it's not in there guidance. Any thoughts.

Replies

  • wilkowilko Member Posts: 2,200 Disability Gamechanger
    Sounds like a point of law here you may want to take some legal advice, ask at CAB  or maybe a local solistor who does free advice sessions may be of help. The no win no fee lot will have 25% plus of any award  so don't go there. Question why would the insurance company pay the DWP? What would their reason to do such a thing.
  • debsidoodebsidoo Member Posts: 327 Pioneering
    Hi @Paddock59
    i would first contact the insurance company and verify if the payment to DWP came from them and ask why? Any insurance payout should have gone directly to you to cover out of pocket expenses etc.It should not have gone to DWP.
    You may find your answers there.Also if you are still unable to work you could try claiming  income based esa and PIP there is an online calculator on the Benefits and work site. Take the self tests and decide if you think you will be entitled.  Debsidoo.x
  • Paddock59Paddock59 Member Posts: 26 Connected
    Thanks for your comments. I still haven't been able to return to work due to arthritus I almost every joint and have had 2 joints relpaced up till now. I did recive my payment for loss of earnings for 3 months and damages due to the rta but was a lot less than the dwp recived. I spoke to insurance claims company who delt with my claim and they told me not to question what had happened as it may open a can of worms bit surprised by that but have been with every thing over the last 3 years seam to be fighting one thing after another. Sorry for the rant but my blood boils at times. Spoke to 3 different dwp departments on Friday and neither one would give any answers just was passed from one to the other. Still none the wiser. Will start again on Monday hope to get some answers then.
  • Pippa_ScopePippa_Scope Member Posts: 5,856 Disability Gamechanger
    Oh I'm so sorry to hear this @Paddock59- I know how frustrating it is when you're trying to chase things up yourself and feel like you're getting nowhere. If you don't have any luck today, it might be worth seeking face to face advice from your local CAB.
  • Paddock59Paddock59 Member Posts: 26 Connected
    Thanks for your comment. I'm awaiting a statement of reason from the courts regarding my tribunal appeal. Have visited cab and been told to re book appointment when I get statement of reason will talk about this other thing as well. Had dwp on phone again this morning still no answeres took load of information if they don't already no it and told me to ring back on Friday if I haven't heard from them. Don't think chances are good. Thanks
  • [Deleted User][Deleted User] Posts: 0 Pioneering
    Hi Paddock59

    I'm glad that you're seeking advice about your appeal.

    Regarding the issue of compensation versus benefit payments, this guide might be of some help. It does seem surprising to say the least, but here it is in black and white. 

    https://www.gov.uk/government/publications/compensation-social-security-benefits-and-lump-sum-payments-technical-guide/compensation-social-security-benefits-and-lump-sum-payments-technical-guide-html-version

    Gill_Scope
  • Paddock59Paddock59 Member Posts: 26 Connected
    Bit confusing to me. I'm a straight down the line person who takes things in black and white. This has to many clauses and mixes up benifits. Hope I get good advice from cab. But as I see it in black and white no matter what they recommend if I have paid 2 yrs national insurance i should recive 365 cb esa to be payed by dwp. As they have not done this and claimed it back in belive they have not met the point of law. But as usual I haven't got anything from them or anyone realy after my accident 3 yrs ago I'm not expecting much from this but thanks for your help.
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