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Overpayment of esa

Just received a letter stating I owe £4000. They are going to take 40% of my ESA for the next two years. Two years ago I received my military pension. I sent DWP a copy of the letter stating how much I would receive etc. This year they asked if it had gone up. I again sent them a copy of my letter. On both occasions the adjusted my payments down. I have sent a letter for mandatory reconsideration asking for an explanation of what happened.

Comments

  • poppy123456
    poppy123456 Member Posts: 23,781 Disability Gamechanger
    edited September 27
    Hi,

    Did your pension increase at anytime between when you started receiving it and when they contacted you again this year? If it did, did you contact them to report those changes when they happened?
  • badbess
    badbess Member Posts: 6 Listener
    edited September 27
    Yes I did the increase was £4  a month from the time I informed them. I sent them a copy of the letter following a phone call. Just as I did when it first started. I was very open about my pension. I am both contribution and incomes based ESA. I am in the support group.
  • mikehughescq
    mikehughescq Member Posts: 7,476 Disability Gamechanger
    You definitely need to challenge this. Recovery ought to cease once your MR is lodged but it definitely will if you then pursue to appeal. Bottom line is that an o/p is only recoverable if you fail to disclose or misrepresent a material fact. Failing to disclose is a lot more than just not disclosing and the burden of proof falls on DWP to show recoverability rather than you to show its not. All told, lots of good reasons to challenge as your posts suggest you made repeated disclosures. The question would then be whether it was reasonable of you to assume those disclosures had been successful. However, that's something to worry about further down the line. 
  • badbess
    badbess Member Posts: 6 Listener
    edited September 27
    They wrote me two letters after I voluntarily disclosed my pension. One reducing my ESA in line with the pension. Following my second letter after the small rise I received another again reducing the amount. Therefore I have good reason to say they knew. I qualify for both contribution based and income based ESA and in the past this as caused confusion. I keep all copies of letters from DWP and I can confirm I received these letters. Would it be worth doing an SAR in regard to the telephone conversations as I read what the letters said before sending the copies. From bitter experience with PIP I always prepare for the worst in regard to preparing evidence.
  • mikehughescq
    mikehughescq Member Posts: 7,476 Disability Gamechanger
    A SAR isn’t really needed when, of you challenge, the burden of proof falls on them. You don’t have to prove it isn’t recoverable. They have to prove it is.
  • badbess
    badbess Member Posts: 6 Listener
    mikehughescq. Thankyou I suffer from an anxiety disorder and at times can metaphorically. use a hammer when a little finger will do. 

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