Can anyone comment on my situation which is slightly different.

I have been long term sick for a little over a year. I receive no payment from my company as they only give 5 days sick pay per annum or illness.

This month out of the blue I was paid about £800, a call to payroll told me it was because my latest sick note had not been passed to them so they assumed I was at work, hence the payment.

Now as they are not paying me there is no wage to deduct from and my only income is ESA 64 pounds a week.

Payroll promised to "get back to me" but so far I have heard nothing.

In the background the company are going through the process of dismissing me on grounds of capability which I do not dispute.

My question is, how do I stand legally regarding the over payment ?