Collecting an ESA overpayment once the claim ends.

OliverLoving
OliverLoving Online Community Member Posts: 13 Listener
edited October 28 in Employment and Support Allowance (ESA)

Hi, I' thinking of ceasing my claims to ESA, PIP and UC to take my pension early. I owe in the region of 5K through an error on their part. I won't get my pension until April. Can DWP insist that I pay that back to overpayment out of savings I have? It's just that I'll need those saving to live on until April.

Many thanks

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Comments

  • OverlyAnxious
    OverlyAnxious Online Community Member Posts: 5,179 Championing

    Hi,

    DWP can claim overpayments after a claim ends. Otherwise people would purposely commit fraud knowing they could just end the claim if they ever got found out.

    In this case it sounds like it would be better to leave the claim running and set up a monthly payment plan to pay it back while still receiving UC instead.

    If the error on their part was not from UC then it may not be recoverable now. But UC errors are recoverable regardless of who made the error.

  • OliverLoving
    OliverLoving Online Community Member Posts: 13 Listener
    https://forum.scope.org.uk/discussion/comment/1078514#Comment_1078514

    Yeah, sure. I'm happy to pay it back but not in one go out of savings. The OP is from ESA as far as I remember. I was getting UC and ESA at the same time for the same reason as far as I remember. I'm entitled to both, but one wasn't taken into account for the other. They are making a deduction at the moment to collect it from UC.

    Thanks for your reply.

  • OverlyAnxious
    OverlyAnxious Online Community Member Posts: 5,179 Championing
    https://forum.scope.org.uk/discussion/comment/1078532#Comment_1078532

    No problem.

    ESA should have been deducted from UC. So this is a UC overpayment and will remain recoverable regardless of who was at fault.

    Unfortunately, if you end your UC claim, you will be liable to repay the remaining amount immediately, as they won't have the option to deduct it from your future UC payments.

  • OliverLoving
    OliverLoving Online Community Member Posts: 13 Listener
    https://forum.scope.org.uk/discussion/comment/1078590#Comment_1078590

    Thanks for that. Do they not have to leave you with enough to pay your bills? Can it not be taken by direct debit?

  • OverlyAnxious
    OverlyAnxious Online Community Member Posts: 5,179 Championing
    https://forum.scope.org.uk/discussion/comment/1078626#Comment_1078626

    They don't have to leave you with anything if you choose not to claim benefits. That rule is for people who are on means tested benefits.

    It can be taken by monthly direct debit but you would have to set that up through the DWP debt management team.

    If the point of cancelling your benefits is to reduce DWP stress, then this seems like a counterproductive option to me. But it is your choice of course. Have to do whatever is best for your situation.

  • debrahugh391
    debrahugh391 Online Community Member Posts: 3 Listener

    Thanks for clarifying that. I understand now — it makes sense that DWP can still recover overpayments even after a claim ends. Setting up a repayment plan while continuing to receive UC does seem like a more practical approach. I’ll look into that option. Appreciate your detailed explanation!

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