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Re: ESA Overpayment - Confused and scared

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Hello can anyone help me? I have been on long term sick and claiming ESA, as from April 12 I made a new application whereby I have genuinely and mistakenly failed to mention that my wife works and unknown to me I have been claiming ESA for the both of us!

 

I didn't realise this as frankly I am really confused by the forms and only realised when my wife was asked to attend a work focus interview... This rang alarm bells and I immediately brought it to ESA's attention and also informed the council tax that I have been claiming the wrong benefit and that my wife works but I thought that the claim was for me alone...

 

Stupid I know but suffering with depression makes you see things irrationally... What can I do.. I have admitted that I genuinely didn't know I was making a false claim and have offered to pay them back.., am I going to go to jail? I'm frightened and confused and honestly quite didn't realise that I had filled out the forms incorrectly...also I have brought to their attention and its not a case that I have been caught out! Thank you for starting the thread!!!?

Edited by Fresno

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Site team are aware of your new thread and I am sure someone will look in either this evening or over the weekend. :)


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I have written to them explaining that I did not intend to claim for my wife and as far as I can remember I never said she wasn't working! I just never mentioned her on the form except to give her name and national insurance......

I also stated that I would be willing to pay the money back if I have been overpaid which it appears I have been... Honestly I'm a complete wreck over this.. I'm already under the mental health team and this is just going to push me over the edge.....help any advice is appreciated...

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Did you fill in a paper form, or make a phone claim and check the printout?


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Paper work and that is why I have made these mistakes..... I have never written that my wife is unemployed nor has my wife ever received any paperwork that would suggest that the claim was for both of us....

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Paper work and that is why I have made these mistakes..... I have never written that my wife is unemployed nor has my wife ever received any paperwork that would suggest that the claim was for both of us....

 

Have you requested a copy of the paper claim you made, to see what you did fill in? This is probably the best place to start.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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No not yet? I'm still waiting to see what they say in response to the fact that I have brought this mix up to their attention...

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There has been no paperwork mentioning my wife nor any attempts to contact my wife prior to the request for her to attend a focus interview at which point we immediately alerted them that my wife does work... I've had my claim suspended pending a decision makers investigation....

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No not yet? I'm still waiting to see what they say in response to the fact that I have brought this mix up to their attention...

 

Are you sure though, that this was your mistake and not theirs? That's why I'm suggesting you request a copy of the form to see what you did put on the form. If you filled it in correctly, then it's their mistake and you don't have to repay anything, and if it's your mistake it may not be as bad as you think, depending on whether part of the benefit was contribution based or not.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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I had exceeded the 365 days contribution but re- applied as I was told that if my condition worsens I could re- claim...

How can I be claiming fort wife and she doesn't know about it and I didn't either....

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did you have to give details on your claim about any savings, income, etc?

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Hello can anyone help me? I have been on long term sick and claiming ESA, as from April 12 I made a new application whereby I have genuinely and mistakenly failed to mention that my wife works and unknown to me I have been claiming ESA for the both of us!

 

I didn't realise this as frankly I am really confused by the forms and only realised when my wife was asked to attend a work focus interview... This rang alarm bells and I immediately brought it to ESA's attention and also informed the council tax that I have been claiming the wrong benefit and that my wife works but I thought that the claim was for me alone...

 

Stupid I know but suffering with depression makes you see things irrationally... What can I do.. I have admitted that I genuinely didn't know I was making a false claim and have offered to pay them back.., am I going to go to jail? I'm frightened and confused and honestly quite didn't realise that I had filled out the forms incorrectly...also I have brought to their attention and its not a case that I have been caught out! Thank you for starting the thread!!!?

 

It's simailar for me with my current situation with the Housing Beneift Fraud investigation against me. My issues with dyslexia, depression, social phobia and ME had casued me to not read or understand things properly. I was totally unaware of that until they told me I'd done something wrong, and threatened me with prosecution. The investigation is still going on, but they;re pretty determined to do me.

All i can suggest is, absed on my case, try to gather what you can to prove that you have your issues, so they may understand it was done in error.

Unfortunately for me, I kept my depression and anxitey issues to myself out of embarrasment and determination to not let them beat me, so they're not on my medical records. Other problms arent on records either for other reasons, i'm pretty much damned. Looks like i have a criminal record waiting for me, becuase of my problems.

If you can give them sufficient evidence to your problems, that may be considerate, and if they ignore it, then you can maybe present it in court that they have ignored the information, and as such are pursuing you with malitious intent. ?

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Yes, we have no savings and I never mentioned my wife's income... As I thought it was my claim and it wasn't relevant to bring my wife's earnings into it..... The confusion stems from my poor form filling and lack of concentration

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I wasn't caught out and they know I am suffering with depression and anxiety... I told them that my wife works when I realised there was a mistake with the claim....

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I never mentioned on the form that my wife works nor that she didn't work I just left it blank because I presumed it wasn't relevant....

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did you have to give details on your claim about any savings, income, etc?

 

What do you think?

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Have you requested a copy of the paper claim you made, to see what you did fill in? This is probably the best place to start.

 

What do you think? I never intentionally meant to claim jointly for my wife and I and certainly never gave them the impression that my wife was unemployed? Is not mentioning her income proof for them to presume I'm dishonest as personally I feel stupid!

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It's difficult. the fact that you brought it their attention is in your favour. But they may well question your understanding of the 365 day limit, and why you felt that when applying for income based ESA, you didn't think that all your household income applied, and why you didn't answer all the questions on the form.

 

I'm a bit rusty on the paper form, but the question will be something like does your wife/partner have a job, or any income, and the choices for each question are yes and no. If you left it blank, you should have been contacted by the processor to answer the question fully.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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On the claim form it asks if you wish to claim income related ESA, if you have a partner and if your partner agrees to you making the claim, further in the claim for it does ask if you partner is working and then asks for the employment information, your partner is allowed to work up to 24 hours per week on the income related claim but her wages would be taken into account and even if she works part time she would still be invited to attend the partners interview at the JCP.

 

This link is the most recent print of the claim form http://www.dwp.gov.uk/docs/esa1-print.pdf

 

How many hours does you partner work?

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It's difficult. the fact that you brought it their attention is in your favour. But they may well question your understanding of the 365 day limit, and why you felt that when applying for income based ESA, you didn't think that all your household income applied, and why you didn't answer all the questions on the form.

 

I'm a bit rusty on the paper form, but the question will be something like does your wife/partner have a job, or any income, and the choices for each question are yes and no. If you left it blank, you should have been contacted by the processor to answer the question fully.

 

Hi, the thing is I don't understand the 365 limit and was never contacted by a processor to discuss my wife's income. She was never contacted except for the recent letter for interview... I'm pretty sure I never said that she never worked! Nor did I mention the hours of work... Except for putting her national insurance number down I made no reference to her

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Hi, the thing is I don't understand the 365 limit and was never contacted by a processor to discuss my wife's income. She was never contacted except for the recent letter for interview... I'm pretty sure I never said that she never worked! Nor did I mention the hours of work... Except for putting her national insurance number down I made no reference to her

 

So all the yes/no answers about your partner, you left blank?


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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So all the yes/no answers about your partner, you left blank?

 

Yes! Pretty stupid of me, hey? I think I really need help filling forms...... I just don't understand what they are asking of me...

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If you had stated that you wanted to claim for a partner but left all of the info boxes blank the form would have been returned for full completion, at least that is what we used to do or an enquiry firm at the least to fill in the information required for the claim to be processed correctly.

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If you had stated that you wanted to claim for a partner but left all of the info boxes blank the form would have been returned for full completion, at least that is what we used to do or an enquiry firm at the least to fill in the information required for the claim to be processed correctly.

I seriously think that I have completely botched up the form.... Also that they have not picked up on the lack of info....

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I seriously think that I have completely botched up the form.... Also that they have not picked up on the lack of info....

 

Also I was not aware of the 365 days limit and so treated it like my previous application which explains why I didn't mention my wife's details........

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