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DWP official error where do I stand?

Hi, I been claiming ESA since 2011 which on all award notices I have to hand states that it is contribution based which I believe is not means tested. On that basis my husband and I agreed to cash in a small pension pot he had of around £11000 as we was to believe it would not affect my ESA in anyway. I wrote a letter to them after cashing in just to confirm what we believed to already know heard nothing for a while so decided to call them. And what a surprise we got when they said that I am not on contribution based ESA but income related ESA (somebody pressed the wrong button there words) I think this stinks and I feel they changed the goal post to suit them self's. Where do I stand any advice much appreciated.
Replies
However I am not clear whether you are being told that your wife has been overpaid or whether her ESA is now being reduced due to the capital and your complaint is that you would not have withdrawn the money if you had known it would impact the claim.
Question also arises as to which ESA award your wife should have got. What had she been doing in the two or three years immediately prior to claiming ESA?
In terms of the type of ESA it is possible for awards to be a mix of contribution based and income based elements. Letters are notoriously badly written and can be difficult to interpret.
How much ESA has your wife been receiving? If it is £113.55/week that would indicate a contribution based award for ESA Support Group.
Will let you know how I get on when it drops on the door mat could be interesting.
Ps, what about the savings issue mentioned earlier?
Have another look at the wording on your award letters to see if it is any clear now.
Now reading down towards bottom of page says after deductions your income related entitlement is £151.50.
On another note, universal credit I believe we are invited to claim it but is it compulsory to change to it or can I stay where I am on ESA?
You can, if you wish, claim UC at anytime before that happens but at the moment there is no requirement to do so.