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DWP error

sami123

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 ?

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poppy123456

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?

sami123

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

poppy123456

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.

sami123

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 ?

poppy123456

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.

poppy123456

See this link as proof that my advice is 100% correct. https://www.moneyadviceservice.org.uk/en/articles/how-do-savings-and-lump-sum-pay-outs-affect-benefits#backdated-lump-sum-payments-from-dwp

sami123

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 ?

poppy123456

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?

sami123

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

poppy123456

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.

sami123

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.

poppy123456

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.

sami123

Oh ok Thanks so much for an fast reply x

sami123

Sorry to annoy you she’s not due an review 11 January 2021 it’s an bit early isn’t it ?

poppy123456

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.

sami123

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

sami123

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

poppy123456

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?

sami123

On her pip form it says 2021 that’s why I edited it dwp awarded her not reported any changed of circumstance at all

sami123

Could it be an review or pip error as explained in this article https://www.disabilitynewsservice.com/two-more-pip-reviews-could-mean-dwp-has-had-to-fix-10-benefit-blunders-in-two-years/