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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

excess capital and when contribution based esa is actually income related

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Total Posts: 1366

Joined: 22 July 2013

Client received contributory ESA for 365 days then switched to Income Related in December 13. Yesterday she receives letter saying there has been an overpayment due to her savings being over £6k from December 12 to May 14. I ring and explain that she was receiving CB ESA from 12/12 - 12/13 so there cannot be an overpayment for this period.

Today DM rings back and says that although she was receiving CB ESA there was also an income related element to it and therefore excess capital rules apply and overpayment stands.

Any thoughts on this?

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Joined: 16 June 2010

Run that by me again?

If award was solely CB ESA for the first 12 months, with no IR ESA top-up (EDP/SDP for example, or client had a partner included on the claim) I can’t see how there could possibly be any overpayment for that period. Makes no sense at all.

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Total Posts: 1366

Joined: 22 July 2013

Thanks 1964. Makes no sense to me either.

Bog standard ESA (C) case, no DLA/PIP or Carers Premium, client in WRAG. She would have been entitled to IR ESA throughout the period though, not sure if that makes any difference.

Annoyed because I was on a 3 hour call back starting at 3pm yesterday (DM didn’t ring) so should have rung between 9am - 10am this morning. Instead I got an answer machine message at 8.30am (one of those calls that goes straight to your answer machine without ringing or appearing in your call log, hate it when DWP does that deliberately avoiding speaking to you on call backs)