Thanks estellyn, I will formally request a mandatory reconsideration, either over the phone,if they return the promised call back,or by the way of a letter, hand delivered to the office dealing with this case. If I am not well,or able enough,to do it myself tomorrow, then I will ask a family member to hand deliver it and get confirmation of delivery by getting a signed and dated signature off the person who takes receipt of the letter. Many thanks, Yours, Moving on.

Thanks again for your replies. Update: e-mailed employer on Friday,employer contacted insurance broker who in turn called me back.I explained my situation to him and he seemed quite certain that there had been a mistake,misinterpretation, on the part of the DWP/Jobcentreplus.As many of the advisors had thought in responding to this thread. As far as he was concerned (that's if regulations have not recently changed) my payment is from a Group Income Protection Scheme,and as such should have no impact or affect on any ESA payment that I was in receipt of (not including WRAG 365 day limit,told him I was in support group so that wouldn't be applicable). He has offered to speak to whoever is doing the investigation-that's if authorisation is granted-to explain the policies Terms and Conditions, who owns policy,who pays for it,how I receive payment etc,etc. He has also requested that I scan and send all letters,communications that I have had or sent to DWP prior to him hopefully speaking to them.If a telephone explanation is not acceptable then I am hopeful they will let him write to them. From what he has advised,I have requested a call back for Monday the 27th from DWP. I hope to obtain a name,telephone number,office address,and although not mentioned by broker,the DWP regulations being used and - if the decision has been looked at again already-a request for a "mandatory reconsideration" appeal. I think I have covered all the points and areas that I need to identify or confirm,but if any knowledgeable people can give me any advice or guidance it would be greatly appreciated. I will post any developments (favourable I hope)as soon as I have them. Yours, Moving on.

Thanks estellyn, An SSP1 was completed and sent to me by wages,albeit two weeks late,I then completed my part and asked wages what do with form.Answer was,submit to DWP to claim benefit for ESA,as ESA amount was to be deducted from monthly group income protection payment for one year. Claimed ESA via phone,when asked about "received or waiting to receive any income from pension, permanent health insurance, or compensation payment?" my answer was No,as the only paperwork I had referred to payment as Group Income Protection Scheme. Received Tax claim for ESA money last year. February this year received form to fill out from ESA enquiring about "my part time or voulantery work" part 16 asked "Is your employer paying you any sick pay or maternity pay,as well as SSP,instead of SSP,or when an employee cannot get SSP? To this I answered No. I then added a note in reference to answer, No,stating,my payment each month is off my employer, my employer receives it from a policy they have and it is passed onto me as a continuation of my salary.All forms I have in relation to the policy have been titled Group Income Protection.I have no details of the policy". I submitted a number of recent pay slips and also the address of the wages department, and a letter sent to me by the insurance company requesting a medical report.The letter was titled "Group Income Protection Scheme". After giving them all this information they appear to be discounting it and putting ESA claim under whatever title they feel like, just to decline benefit payment. With all this in mind,would it be wise to base appeal on the grounds that payment is sick pay,or carry on with the only paper proof that I have,which is,payment is from a policy that my employer has,it is passed onto me as a continuation of my salary,it is titled Group Income Protection, I am still employed by the company,I am off work on long term sick and I am still in receipt of sick notes,and have been for the whole time I have been claiming ESA.

Thanks to you all for the advice and help,would it be best to write in first instance to ask for confirmation of what part of regulations or legislation they are using and then try to gather all the information that I can to try and overturn their decision. Or should I phone,ask for local office to return call and then,keeping conversation brief and to the point,request reason,ask for written confirmation and also if possible, an email address for correspondance. Then if need be approach employer and ask could they (or I) contact insurance company to confirm the official name of policy,and what affect,if any,it would have on an ongoing ESA contributions based support group payment of over thirteen months duration. After all ESA is deducted automatically from payment by insurance company for first twelve months so therefore insurance company must assume you are able to be in receipt of both ?. Recall some mention last Thursday that they were looking into investigation further,not she though as I had a lot going on at time of call,so have not given up hope yet. I am in a union-UNITE-so hopefully if this all becomes too much,and needs challenging, I will be assisted with my appeal. Will keep you all posted of any updates, Again,thanks for all your help, Moving on. .

Sorry for delay in replying, have had a hectic last four days, Update,phoned ESA call centre on Thursday last and received a return call later that day from a more local office who were now dealing with investigation. Informed that Hyde office had made the decision that my payment was deemed as being personal health insurance not permanent health insurance, this I disputed only to be told they are both the same thing.HOW ? Then told 50% premium contribution rule,told them I have contributed 0%-its not my premium its my employers ! Then told as my employment had been terminated and I was in receipt of said payment then I should not have been awarded any ESA payment and if this is the case then any monies will have to be repaid.!!!! Told them twice that I was still employed,but off work ill, paying full National Insurance Contributions and Income Tax.My employer pays me a percentage of my salary which they receive from their group income protection, permanent health insurance policy. Answer to this was they do not even have my file yet and will try and get it today,then phone me when they have more details,seems all I told them in February and last Thursday count for nothing,in the meantime I am not receiving any ESA money. Any help or guidance would be appreciated, Many thanks, Moving on.

Margaret,thanks for the informative reply. Honeybee 13,do you think it would be better to phone the DWP tomorrow, Monday 14th,wait till Thursday, as suggested by DWP/ESA when I telephoned them last Friday,or wait till I receive the outcome of their investigation. Have had a look online myself today and all I can find is the Unum statement that you have already mentioned and a DWP ESA regulation regarding permanent health insurance affecting ESA payment. Group income protection does not seem to be in the ESA regulations, or if it is I could not find any reference to it.Going through my own paperwork none of the literature I have mentions group phi,it all refers to group income protection,so hopefully if above mentioned Unum statement is correct then I may have a favourable outcome. Sorry for length of post,again any guidance on when it would the best time to contact DWP would be appreciated. Many thanks, Moving on.

Dear Margaret, Thanks for the reply,your explanation makes things a lot clearer for me.I will await,with bated breath,the outcome of the DWP/Job centre decision, I have already told them it is a company phi/income protection scheme that I do not contribute to,or have any details of the terms and conditions of. I will post the outcome as soon as I receive it,hopefully it will be favourable,if not I am sure I will be able to get any guidance and advice from the knowledgeable people on this site. Sorry,one more query,if a payment that the job centre deemed to be a pension was say £400,then £400-£85=£315÷2=£157.50 ESA of £108.15-£157.50=a negative of-£49.35 Therefore would the claimnant lose all their contribution based support group allowance.

Thanks for the reply Margaret,as far as I am aware I do not contribute to the policy at all,it does not show up on any wage slips or my P60,therefore would I be right in thinking that the worst case scenario would be,the first £85 of ESA support group payment would remain untouched, then any payment I receive from employers group phi/income protection policy above £85 to a maximum of £106.50,£21.50,would be halved,leaving £10.75,to be added to £85,giving a total of £95.75. In regards to the first £85 of ESA remaining untouched,why would Jobcentreplus/DWP stop my payment,reason given was that your income is more than the minimum amount the government says you need to live on.Does the status of contribution based ESA support group payment change to income related ESA if your circumstances have not changed in the 13+ months that you have been claiming. Apologies for length of post,the more job centre plus letters I read the more confused I get.Any help or guidance would be appreciated.

Have got copies,will dig them out and post in the morning,again,many thanks.

Thanks,I read that myself today,does seem to clarify things,that's if rules have not changed.What is troubling me is that I told DWP in February that my income was from a Group scheme paid to my employer and then to me but they seem to have disregarded this and have still suspended my ESA,investigation pending.

Many thanks, first time post,hope to navigate site better with time.

Could anybody please advise me on the possible outcome of a DWP investigation into a payment I receive each month via my employer that they get from a group phi/income protection policy. I receive a contribution based ESA support group payment as well.I am taxed on both.The DWP are saying the group income protection payment is either a occupational or personal pension,and also personal health insurance or a work related pension. I have phoned DWP and wages department, both said wait to see what the end outcome is.In the meantime my ESA payment has* stopped. Very confused as I did not think group phi/income protection affected ESA payments.Sorry for length of post,any help would be very much appreciated.