Official Error?

Cl in receipt of DLA, High Mob, Mid Care, also gets ESA. Cl’s husband makes claim for carers allowance, this is backdated and get paid 15 weeks after claim. ESA step in and say there has been overpayment of ESA, but were informed in writing, bvy phone, fax and Email, that CA applied for and from what date.

As ESA stating overpayment yet were informed and an email acknowledging that they received info regarding claim for CA, does it make it official error on their part?

Having checked CPAG Handbook it appears to be so, but they are saying it isn’t. They; ESA agree that they received email, so knew about it but fault is cl’s. I can’t see how, now they have suspended claim until they have checked again. What to do in the mean time as Cl has family.

I’m not sure about the regs on this but does the fact that CA was only applied for, rather than received, get them off the hook? CA claim may have failed. Also, why o/p of ESA rather than of CA?

Billy CA applied for and Recieved but after 15 weeks. ESA saying during that Time wife’s ESA should have been reduced but where not informed of husband claiming CA, that it is untrue as ESA emailed and acknowledged that CA had been claimed by husband. They failed to make adjustment, and were aware, now wish to claim an overpayment even though they acknowledge they knew about husbands CA claim.

It is an overpayment but how is it recoverable?

Our local HB team tried the same with arrears of CESA recently; I appealed and they backed off.

Just had a call, they’ve backed down, as they now realise they[[ESA] did receive info that claim for CA had been made and also that email received informing them CA was in payment. ESA Canterbury sometimes drive me insane.

Thanks for your comments.