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DWP error

sami123sami123 Member Posts: 17 Listener
Hi hope your well and I could get some clarification my daughter was paid £17 k due to Dwp error they have paid her over the year as-well it says on her letter you are not getting any more income related employment and support allowance we can not pay you because your savings are more than £16k. If your savings decrease to £16k or less ask us to look at your claim again my question is what do they mean by this ? And how can it be classed as savings as this is there error ? 

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI and welcome,

    May i ask if she had any savings before she received that money for the error. May i also ask what that error was for?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • sami123sami123 Member Posts: 17 Listener
    edited December 2019
    Hi no she never had no savings error was same as so many were owed over the years money which they didn’t pay people . She was sent an form to fill in saying you could be owed money so I got it filled in once I sent it back she got paid an huge lumb sum 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    As it was a DWP official error and it's more than £5.000 then it should be disregarded for the life of the ESA claim and doesn't count towards any means tested benefits. My advice is to ring DWP.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • sami123sami123 Member Posts: 17 Listener
    Oh ok doesn’t she have to prove we’re the money has been spent? or anything ? She doesn’t want to open can of worms also what will happen if I phone them it won’t go through to another re assessment will it  ? And has anybody else been through this ? 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    No she doesn't have to prove anything at all because it's money owed from a DWP official error and it's more than £5,000, so it's disregarded for the life of the ESA claim.

    If it's was less than £5,000 it would be disregarded for 1 year only.

    No re-assessment will be needed when you ring.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • sami123sami123 Member Posts: 17 Listener
    Hi I contacted them today and was told to provide evidence such as bank statements and at the same time was told to write an letter to dwp asking them to evaluate the amount it don’t make sense to me at all and was also told at the moment there is no note to say any payments will go down at the moment I’m so confused please help ?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Sorry but this doesn't make sense. Send a letter to ask them to evaluate what amount? Then you say there's nothing on the system to say that her payments will go down.

    Has her ESA payments stopped or is she still receiving payments every 2 weeks?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • sami123sami123 Member Posts: 17 Listener
    She still receiving payments from esa that’s what I’m saying the conversation I had is really confusing it made no sense at all I’ve got an audio recording of it to she even goes there is no note for payment to go down and on the letter it says it will go down I’m baffled on the conversation I had with the advisor I don’t know what to do 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    As long as she's still receiving payment then that's a very good thing and there's nothing for you to do.

    A lot of the time letters from DWP make no sense at all and it's often difficult to understand them. As i previously advised, the month she received is disregarded for the life of the ESA claim (see link) and it won't affect what ESA she's entitled to. Hope this helps put your mind at rest.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • sami123sami123 Member Posts: 17 Listener
    Hi can ask what this means please.

    We've sent you a 'How your disability affects you' form. Please fill it in carefully and return it to us by the date we asked you. We need to make sure you're getting the right amount of Personal Independence Payment. Thank you.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    sami123 said:
    Hi can ask what this means please.

    We've sent you a 'How your disability affects you' form. Please fill it in carefully and return it to us by the date we asked you. We need to make sure you're getting the right amount of Personal Independence Payment. Thank you.

    That will be a PIP form, i'm assuming your PIP is ending in about 6 months time? Or did you report a change of circumstances? It should be treated as new claim by yourself. You'll need to fill out the form with as much information about how your conditions affect you, adding a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you. Make sure you send evidence with the form to support your claim because they rarely contact anyone for this.

    Expect another face to face assessment because most people have them.

    You can ring to request an extension of time to return the form and they'll give you an extra 14 days. Hope this helps.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • sami123sami123 Member Posts: 17 Listener
    Oh ok Thanks so much for an fast reply x 
  • sami123sami123 Member Posts: 17 Listener
    edited December 2019
    Sorry to annoy you she’s not due an review 11 January 2021 it’s an bit early isn’t it ? 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Was her current award given by a Tribunal? If so then i'm assuming that will be the end date of the award because those awarded by a Tribunal are contacted 14 weeks before the award is due to end.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • sami123sami123 Member Posts: 17 Listener
    She had an tribunal which she lost and they made lies and closed the case for disability living allowance and then was sent an pip from and got what she was entitled  to 
  • sami123sami123 Member Posts: 17 Listener
    edited December 2019
    The above is an message I received today but no form yet so not sure what they mean by the message as it don’t say anything about an review in the message she was already stressed about her esa now she’s got this to deal with it’s such an stressful time 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Sorry but i'm confused, first you say she's not due a review until March 2020 and then change it to January 2021? Was her current PIP award given by DWP or a Tribunal? As you mention a Tribunal for DLA but this isn't DLA its PIP.

    Also has she reported any changes in her condition recently?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • sami123sami123 Member Posts: 17 Listener
    On her pip form it says 2021 that’s why I edited it dwp awarded her not reported any changed of circumstance at all 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    No, it's definitely not to do with that. All i can advise is that she rings DWP to ask what it's about because we could be going around in circles here trying to guess what it's about.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • sami123sami123 Member Posts: 17 Listener
    Ok thanks I’ll phone them 
  • sami123sami123 Member Posts: 17 Listener
    Hi just another question I have you know I said my daughter was paid £17 k it wasn’t paid in whole amount it was paid in £4000 £4000 like this and Over the year she has also been paid £388,60 her payment has gone down to £317.76 today does she still have to prove we’re the money has gone ? 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It's disregarded for 1 year at least anyway and during that time she can do what she wants with it. So no she doesn't have to prove where it's gone.

    I see with the £388 amount that within that payment she receives the severe disability premium. Does she live alone and does anyone claim carers allowance for looking after her?

    I have no idea what the £317.76 amount is because that amount doesn't make any sense. For that you'll need to ring DWP and ask why she's received that amount this time.

    Also did you ring about them regarding the PIP question?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • sami123sami123 Member Posts: 17 Listener
    Ok She lives with me I care for her an claim Carers allowance the pip I’m waiting for the form to be 100% with and then phone them do you think £317.76 has gone down because they have stopped paying her the money they owed ?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    As she lives with you then the £388 she's been receiving is too much because this includes the Severe disability premium and she won't be entitled to receive that because she lives with you and you claim carers allowance for looking after her.

    If she's always been living with you and you've always claimed carers allowance for looking after her then she would never have been entitled to claim the severe disability premium.

    The amount she should be receiving each week is £128.45, which is £256.90 every fortnight. I have no idea why she's receiving £317.76 every fortnight. My advice is to ring ESA to find out what's going on because if you don't then she could end up with an overpayment.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • sami123sami123 Member Posts: 17 Listener
    edited December 2019
    £388.60 was owed to her as they never paid her for many Years that’s why they have been paying her that I’ve got paper work to prove it for many years years they never paid her severe disability premium carers allowance I didn’t start to claim that till an year ago citizens advise have seen the paper work and it’s all calculated on there what they haven’t paid her for many years It’s hard to explain on here everything in detail 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    If she was previously living alone and claiming either PIP daily living or DLA mid/high rate care then yes she would have been entitled to the SDP BUT she's no longer entitled to the extra money as advised above.

    If she's now receiving £317 every fortnight then this is more than what she should be receiving and as i advised and if you're her appointee then you will need to ring ESA as soon as possible to find out what's going on because she will have an overpayment which will continue to get bigger.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • sami123sami123 Member Posts: 17 Listener
    Ok I will phone them
    and see what they say 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited December 2019
    sami123 said:
    £388.60 was owed to her as they never paid her for many Years that’s why they have been paying her that I’ve got paper work to prove it for many years years they never paid her severe disability premium carers allowance I didn’t start to claim that till an year ago
    The £388.60 is the total amount of ESA every fortnight when the severe disability premium is added. The SDP is £65.85 per week and it's added to the ESA amount.

    Since you started claiming the carers allowance for looking after her then she would not be entitled to the SDP of £65.85 per week going forward, this means her ESA should be £256.90 every fortnight.

    May i ask, before you started claiming carers allowance was your daughter living alone?

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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