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overpayment of ESA advice needed please!


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Im hoping for some advice, I was refused IR ESA when I claimed, but should actually have been paid C ESA and have been through the complaints system to have this corrected. However they have told me that I was paid a single payment of £640 in IR ESA several months ago due to a mistake imputing claim information. I did not notice this at the time, and disputed receiving it, but when I actually checked with the bank it appears my CSA payment wasn't paid by my ex that month (sometimes this happens). As it was for almost the same amount, and I must have assumed my balance at the time reflected that and it honestly went unnoticed.

 

Now that my CB ESA has been agreed they have deducted this amount from my back payment leaving me virtually nothing. Can somebody please clarify wether they can do that, I thought that an official error overpayment was treated differently? Are they able to take it in a lumpsum from benefit like that? I had begun to rely on the amount of back dated benefit due to me to sort out some of the mess I got into while off sick for so long and the complaint ran from april to date and has been very stressful.

 

Any advice as to what to do would be gratefully received!

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