Esa overpayment advice please

[Parky54]

Hi,

please if someone could give me advice I would be entirely grateful,

 

I started receiving ESA contributory in the support group 2012

without going into the details last year after a compliance meeting telephone call I was found to have been overpaid since that date,

I am going through the appeal stages at the moment preparing paperwork SSCS1A,

 

I was either informed or read it somewhere in my many searches,

THE QUESTION IS IF MY PAYMENTS STARTED PRE 2013

DO THEY COME UNDER A DIFFERENT LEGISLATION

IF SO HOW WHAT WHERE,

IF NOT THANK YOU FOR ANY INFORMATION,

 

I'm sorry I wasn't shouting just trying to emphasize the issue that I have have a short time to Lodge appeal many thanks again.

[unclebulgaria67]

Reason for overpayment stated by DWP ?

 

What legislation issue do you think would assist you with this ?

[Bazooka Boo]

Once they inform you of the reason for the alleged overpayments then you will be in a better position to pick it apart and expose their falures.

 

 

 

To allow overpayments for 6 years is incredible so unless you failed to divulge all relevant information then it will be their archaic systems at fault.

 

 

 

Dont muddy the waters with legislation, they change the rules to suit themselves anyway.

[Parky54]

Good morning thank you again for the responses, I may be clutching at straws but something in my brain(Parkinson's brain) says I read or heard that if a claim was started pre 2013 then any action had to be based on the slightly more civilised regulations. As I said I can live in hope.. regards to all.

 

 

One Little comment I went to my MP on this situation who in a previous administration who had been a Minister in the DWP and she had to constantly refer to her aide for information and that was hit and miss with a lot of I think.

[unclebulgaria67]

Good morning thank you again for the responses, I may be clutching at straws but something in my brain(Parkinson's brain) says I read or heard that if a claim was started pre 2013 then any action had to be based on the slightly more civilised regulations. As I said I can live in hope.. regards to all.

 

 

One Little comment I went to my MP on this situation who in a previous administration who had been a Minister in the DWP and she had to constantly refer to her aide for information and that was hit and miss with a lot of I think.

 

Depends on reason for overpayment, which you have not disclosed.

 

If you don't agree with the way DWP have handled this, then you have options.

 

Contact a charity that helps people with Parkinsons and see if they have a benefits team that can help take forward a complaint.

[kk3852]

Not much point in making a complaint until the reasons for the overpayment are known. Is is a non-state pension ?

[Parky54]

Hi I'd like to say thanks for the response I do appreciate it but I do think my question has been misunderstood.

My question simply is, does anyone know yes or no if ESA payments started pre 2013 before the new legislation was introduced, any investigation and the results of that investigation are dealt with, with the legislation in place pre 2013.

Regards

[unclebulgaria67]

Hi I'd like to say thanks for the response I do appreciate it but I do think my question has been misunderstood.

My question simply is, does anyone know yes or no if ESA payments started pre 2013 before the new legislation was introduced, any investigation and the results of that investigation are dealt with, with the legislation in place pre 2013.

Regards

 

Legislation that applies, is that which applied at the time you last signed any claims disclosure, prior to the underpayment issue being found.

 

During any claim, you might have agreed to an updated disclosure, where you confirmed the information on which your claim was based.

 

If you are in any doubt, ask the question of DWP, which legilslation they took into account, when making any decision. DWP decision makers sometimes will quote the legislation they have considered in their decision document. Ask for copies of any decision makers ' statement of reasons' document that may exist.

[Parky54]

Good morning, thank you Uncle Bulgaria 67 that was the sort of information that I was looking for.

Have a good day regards