Overpayment???? errr no!

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CJ61
CJ61 Online Community Member Posts: 70 Contributor
in Employment and Support Allowance (ESA)
Having just won my PIP appeal I am entitled to have my ESA SDP reinstated and back paid. Had a letter saying they haven't given it to me yet  because they are holding information about a possible overpayment and will want to deduct that first. I rang them (half hr wait) and asked what overpayment and they simply would not give me details. Surely its about me so I have a right to know? I pointed out that it is in fact them who owe me money and not the other way round and I have never been overpaid. On the contrary according to the tribunal court. I was wondering has anybody else experienced this? I asked if it was a standard letter and they wouldn't say. I moaned a bit and said it made me sound guilty of something and that just was not fair. Surely they're not just trying to get out of paying me? Or maybe just a delaying tactic??? Can anybody relate with this. Thank you. 

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  • Si_Obhan
    Si_Obhan Online Community Member Posts: 34 Contributor
    This is standard as far as I know. I worked for DWP many many years ago. Even if you’ve had a small overpayment or social fund in the past, or had a partner who had one, or had deductions from your benefit for any other reason... there is something called “an interest” on your file... which basically means that at some point Debt Management have looked into your records... so as soon as the “paying office” see that they send any lump sum owed to you to Debt Management first. They have to. I know this because I used to make the payments to people who were owed money and were waiting for it. Have you ever had a housing benefit overpayment? It could be so many things that have triggered the check with Debt Management. And that’s all it is, don’t worry, it’s a final check. You will definitely get your money if you have no outstanding debts to the state though.
  • CJ61
    CJ61 Online Community Member Posts: 70 Contributor
    Si_Obhan and Ive not had a partner either so it cant be that. The only thing remotely like a social fund thingy (I don't even know what that is) is I had a £100 grant from a charity via my counselling services. But it was a grant/gift and non repayable and I don't suppose the DWP were informed. I wonder why Ive got a 'black mark' on my file. Ha! Just because I'm paranoid doesn't mean they're not out to get me...…….I'll just have to be patient which strangely is not my middle name. :-)
  • CJ61
    CJ61 Online Community Member Posts: 70 Contributor
    Oh ……..only half my message went up. I said Ive not had any overpayments on HB or anywhere and Ive not had a partner either.....
  • Lou67
    Lou67 Online Community Member Posts: 8,731 Championing
    @CJ61. Just want to say great news on winning your appeal, and hopefully it’ll all be sorted soon it’s the last thing you need to be worrying again after going through appeal good luck ?
  • gillian72
    gillian72 Online Community Member Posts: 303 Empowering
    @CJ61. well done on your appeal win ? Yes I had this happen to me on my esa back pay,£1,900 was my back pay an they took the whole amou
  • Lou67
    Lou67 Online Community Member Posts: 8,731 Championing
    Aww Gillian72 what a bummer ?
  • gillian72
    gillian72 Online Community Member Posts: 303 Empowering
    @CJ61 oppps not sure why that happened ? They took the whole amount  because of my overpayment debt ??
  • gillian72
    gillian72 Online Community Member Posts: 303 Empowering
    @Lou67 lol story of life ??
  • Lou67
    Lou67 Online Community Member Posts: 8,731 Championing
    Aw Gillian72 I’m the same if it wasn’t for bad luck I would have no luck ??
  • CJ61
    CJ61 Online Community Member Posts: 70 Contributor
    @gillian72 sorry to sound ignorant but is an over payment debt? Ive never been overpaid so surely I cant have one of those or owe them anything?? Im really worried now
  • CJ61
    CJ61 Online Community Member Posts: 70 Contributor
    @woodbine
    I took your advice (thank you) and rang them again and I said if they have a 'file' on ME then surely I (being ME) have a right to know what it says??? The man was actually very helpful and said they apparently overpaid me £130 when my PIP was stopped last year and they trying to decide whether to reclaim it. They most DEFINITELY did not overpay me but I am unable to prove that and in the end its them that would win the argument. It doesn't seem fair but there isn't anything I can do about it. He also said that they had reinstated my SDP very quickly under the current circumstances being that they are so overworked and super busy which I can understand and appreciate. I am at present waiting for a call from the hospital to go for a brain scan and to be honest I just haven't got the wherewithal to jump up and down about it anymore. Thanks again for your replies.

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