Im looking for some advice.

My husband had an accident in December 2009. The accident was at work so he claimed industrial injuries disablement benefit. He was also in receipt of DLA and ESA. The claim is coming to a settlement at last however the medical expert has said my husband would of became disabled anyway but the accident accelerated this by 12 months. The DWP has asked for benefits back for the first 12 months only apart from the IIDB which they want back in full upto settlement date. The ESA doesnt need to be paid back at all as he started getting that after the 12 months.

Now this is where my query is. As its income based ESA the amount we got for IIDB was deducted from the ESA automatically basically making us no better off by claiming. Now my question is would we be able to claim back the ESA under payment once the IIDB has been paid back as it doesnt seem right that we have lost out.

many thanks