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Generalbear

Interview Under caution and ESA

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Hi all i have been claiming esa for a couple of years, due to a long term in curable illness. I have never had any problems, and despite the benefit life is still a struggle. Yet today i recieve a letter stating that i must attend an interview undercaution, to discuss a possible criminal matter.

Utterly shocked, i rang the relevant number on the letter.

 

I was informed that i was under suspicion of benefit fraud due to payments coming from my employer each month.

 

Whilst i do get a payment, the money is from Health insurance i took out and paid up before getting ill. Surely this cannot be fraud. I am always declared that money, but i dont think it counts as income does it?

 

I am worried now as the letter seems to imply that i could be imprisoned for this.

 

I have a partner who is a full time mum to our 2 children, because of my illness ( i was in a very well paid job) i lost my home, and everything and am gradually paying but a myriad of debts back and life is a struggle now seemingly they want to put me in prison i dont know what to do!

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Hi General

 

Welcome to CAG

 

Thing sometimes seem a lot worse then they actually are. The guys here will assist shortly.

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Hello and welcome to CAG and the forum. I don't see any reason why you shouldn't receive ESA and insurance benefits. That's what happened to me although I was on IB, so you might need to double-check the rules. But as I don't completely understand ESA, which type are you on please?

 

What I don't quite understand [and the answer could be very simple] is why you took out cover and the payments are coming from your employer.

 

Please tell us more and we'll try to help.

 

HB


Illegitimi non carborundum

 

 

 

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The very question I would like an answer to - I am in the same position.

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Hello and welcome to CAG and the forum. I don't see any reason why you shouldn't receive ESA and insurance benefits. That's what happened to me although I was on IB, so you might need to double-check the rules. But as I don't completely understand ESA, which type are you on please?

 

What I don't quite understand [and the answer could be very simple] is why you took out cover and the payments are coming from your employer.

 

Please tell us more and we'll try to help.

 

HB

 

I am on Income related ESA

My health insurance is partially paid for by my employer but i enchanced the cover right be fore i got ill (luckily!) Therefore the money is paid to my employer as they technically hold the policy. They then forward it to me after tax.

 

Therefore i cannot see why i need to be interviewed under caution, and accused of fraud. Does this count as earning from an employer as technically this is niether an earning nor from the employer

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If it helps, I've never told ESA about this pension I get, however, I have told the tax man that I get both and the guy I spoke to said there was nothing wrong with this so long as all the tax was straight. I've just had my tax code changed to the ordinary single persons allowance of 647L right down to 144L, but in the next breath they say not to worry about owing them anything they will check again at the end of the tax year? I can only wait for my pension to arrive to see what happens!

 

If I were called for an interview under caution I don't think I'd worry. I can honestly say I told someone, an important someone, the tax man!

 

Maybe someone will pop along who can help us both!

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If I were called for an interview under caution I don't think I'd worry. I can honestly say I told someone, an important someone, the tax man!

 

 

But that is not what you have agreed to do when you made your claim.

 

http://www.disabilityalliance.org/esa1.pdf

See part 24 (page 50)

 

Have a read through ALL of the declaration that you will have either signed or agreed to over the phone when you made your claim.

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If it helps, I've never told ESA about this pension I get, however, I have told the tax man that I get both and the guy I spoke to said there was nothing wrong with this so long as all the tax was straight. I've just had my tax code changed to the ordinary single persons allowance of 647L right down to 144L, but in the next breath they say not to worry about owing them anything they will check again at the end of the tax year? I can only wait for my pension to arrive to see what happens!

 

If I were called for an interview under caution I don't think I'd worry. I can honestly say I told someone, an important someone, the tax man!

 

Maybe someone will pop along who can help us both!

 

Telling HMRC is absolutely not sufficient. Things could be fine from their point of view, but the DWP has different rules.

 

Occupational pension income is taken into account when your ESA is calculated. Precisely how it is taken into account depends on the type of ESA (income related or contributory), but you do need to tell them so they can work out your entitlement correctly and avoid overpayments.


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Hi guys. I don't know if this will help or not. I'm a bit confused about which sort of employer's benefit we're talking about, but a sickness policy [Permanent Disability, Permanent Health, Income Replacement etc] has an offset for State sickness benefits built in. They assume a claimant will be paid that and reduce the benefit accordingly.

 

Please can you tell us what percentage of salary you receive from the insurer and whether they have made an offset for State benefits which is what I would expect?

 

My best, HB

 

PS When I was claiming PHI and IB, it wasn't a problem, although I accept the system has changed. I assume you mean an income replacement type insurance and not private medical insurance like BUPA, say.


Illegitimi non carborundum

 

 

 

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Yeah chaps, that's right what Honeybee says - when you get one of these salary replacement things, it categorically states "you will recieve £xxx LESS the current high rate of ESA whether or not you get it!". And sure enough they deduct £96 a week from it.

 

Now I recall, I did actually tell someone at the Job Centre that I was getting this, it was the Pathways Interview I went to in the summer, when I had just won the battle to get the scheme in the first place. I saw her log it all down, and we had a little chat about these policies generally, and I recall her saying I was lucky to qualify for it because several of her "clients" had been unable to get anywhere with the companies.

 

I assume now that because my Tax Code has been altered so drastically, all is well, Tax guy said the ESA was taxable, all lumped together with the pension apparently. I also understand I need to keep on the ESA to get my NI stamp?

 

It's all a bit of a nightmare to me as I've worked for 32 years straight through without any break at all - never claimed a benefit in my life. I know I've had months where I've had to pay more tax and Ni than I've actually taken home, so I'm not going to feel bad about claiming what I am entitled to - I think I've done my share for the common pot so to speak. And its made me blooming ill as well.

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Oh yes, when I signed up for the ESA at the beginning I did not receive this pension, and I wasn't aware of it either.

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Hi J&W. I'm not sure what you mean by 'pension'. In my experience, pension is only State or occupational pension, not what you call a salary replacement insurance. But yes, ESA and IB before it are taxable, and yes I think you still get your 'stamp' paid to protect your State pension at age 60-something.

 

HB x

Edited by honeybee13
typo.

Illegitimi non carborundum

 

 

 

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As far as I know, if you are on income based ESA then yes, the money from your employer does count as income, and your benefit will be reduced to take account of it.

 

If you are on contribution based ESA then the insurance does not affect the ESA.

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I was informed that i was under suspicion of benefit fraud due to payments coming from my employer each month

 

Hi Generalbear, Do the DWP have your bank statements that show these payments?

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i have no idea weather r not they have bank statemnts they havent said

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