Results 1 to 6 of 6

Thread: 2010 overpayment

Hybrid View

Previous Post Previous Post   Next Post Next Post
  1. #1

    2010 overpayment

    Since November 2010 I have been paying back approx 74.00 back out of my ESA per month and the contribution based ends at the end of July and as I have some savings but not enough to pay it off in full. Could they take the money from my DLA.

    Cheers

  2. #2
    Senior Member
    Join Date
    Jan 2012
    Posts
    1,803
    Quote Originally Posted by Bedlingtonbabe View Post
    Since November 2010 I have been paying back approx 74.00 back out of my ESA per month and the contribution based ends at the end of July and as I have some savings but not enough to pay it off in full. Could they take the money from my DLA.

    Cheers
    Blimey that was some overpayment
    I'm pretty sure they can't take it from DLA......BUT they maybe able to take it from pension. At the end of the day a debt is a debt and they are not likely to write it off, they may try to find a way to reduce payments based on your income.

  3. #3
    Paid off 1/2 still owe 5,000 after July but only have DLA and small savings will they expect me to pay it all off after that date?

  4. #4
    Senior Member
    Join Date
    Jan 2012
    Posts
    1,803
    Quote Originally Posted by Bedlingtonbabe View Post
    Paid off 1/2 still owe 5,000 after July but only have DLA and small savings will they expect me to pay it all off after that date?
    Do you get a pension from somewhere?
    You say that your savings will not entitle you to IR ESA or JSA. Therefore they will expect you to live off your savings, they may request you continue to pay off the debt albeit at a rate you both agree is reasonable or they will keep the debt on file indef.

  5. #5
    Senior Member
    Join Date
    Jun 2011
    Posts
    387
    You say your savings aren't enough to pay it off in full. So your savings are less than 5,000? If so won't you be able to claim Income Based ESA when the Conts Based runs out?
    If you can't do that the DWP should contact you to make alternative arrangements for the repayment. I'm not sure if they can automatically deduct from DLA, and very much doubt that they could demand the balance in full from your savings (purely on the basis that they allow savings of up to £6000 for the purpose of any Income Based benefit. You may want to take other advice on the legality of that, but it could be a valid argument.)
    But that would still leave you having to reach agreement with them on an acceptable monthly amount. To do that you will need to work out any disposable income which is left after essential outgoings. CAB can help with that.

  6. #6
    Senior Member
    Join Date
    Dec 2012
    Posts
    318
    wowzah, it always blows my mind how they 'accidently' overpaid you thousands of pounds without realising it!

Similar Threads

  1. Under payment versus overpayment
    By TEDSON in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 11
    Last Post: 25-07-13, 23:26

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •