ESA overpayment

[Mark8787]

Hi guys I'm wanting some help please I was overpaid esa in 2011 due to a fault of mine now I'm very ill and in a wheelchair I stated to claim esa again 4 weeks ago, today I got 2 letters one stating £60 per fortnight will be taken out and the other letter says £58 per week will be taken out I get £175 per fortnight esa can they take the lot it will leave me with £0 esa every fortnight, I'm married my husbands my full time carer I have a 3 year old and a 5 year old, income is pip at £220 per month, child tax credits at £180 per week, child benefit at £34 and carers allowance ,

 

If any one could help me on this matter I'm sure they carnt take all our Esa,

[mikeymack2002]

Hi and welcome to CAG.

 

To be able to give you detailed advice can you please provide some more history? This will allow a better response from other posters that will be along shortly..

[Mark8787]

Hi mike what more information would you need on my case many thanks emma

[mikeymack2002]

Hi sorry had to pop out.

 

 

Like how the overpayment occurred what the error was how you have tried to resolve this issue and so on.. Thx

[Mark8787]

Hi the overpayment was in 2011 due to me earning more than allowed whilst on esa which they gave me a warning and ordered to payback 3 weeks

Later was we'll enough to go back to work didn't hear anymore of it, 5 years down the line had to claim again which happened 4 weeks ago, and then got these letters today one stating they are taking £60per week from the dwp then a debt management company working on behalf of dwp are taking £60per week which is all my allowance can they do this thanks

[tommy456]

Are you sure that the both aren't one and the same ? How can a Debt management company take your money without a court order? I cannot even understand why they need to use such a company when all they need to do is withhold the said amount each week until paid back, I wouldn't pay anything top a some private debt management company or their fees

[Mark8787]

Hi many thanks for your response the debt centre is part of dwp they said it will come out of my ESA every week, I'm sure they can not take all of it many thanks Emma

[tommy456]

Hi many thanks for your response the debt centre is part of dwp they said it will come out of my ESA every week, I'm sure they can not take all of it many thanks Emma

Best to seek advice from the CAB , they should know the rules that the DWP have to adhere to regarding repayment and how much they can withold each week i wouldn't be surprised if there is a minimum amount that they have to pay you so that you can eat ect, or it maybe you could apply for a loan from the social fund equal to the debt owed , and then repay that at an agreed,more reasonable amount each week until paid,

 

I found some info in the link below , not sure if this would apply to you

 

https://www.turn2us.org.uk/Benefit-guides/Benefits-Overpayment/Print-Benefits-Overpayment

[Mark8787]

Thanks for your help Tommy