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NSESA Overpayment
I’ve just had a client come through with an ESA overpayment that is a bit of a headscratcher. The only explanation they’ve given for the overpayment is “on [start date of ESA claim] your circumstances changed and you did sign for Universal Credit”.
They are asking for all of the ESA paid to be returned.
There aren’t any obvious reasons that clt wasn’t eligible, as we’ve explained on the MR.
Has anyone come across similar cases? It sounds like someone at the DWP has been making up the rules as they went along
I’ve just had a client come through with an ESA overpayment that is a bit of a headscratcher. The only explanation they’ve given for the overpayment is “on [start date of ESA claim] your circumstances changed and you did sign for Universal Credit”.
They are asking for all of the ESA paid to be returned.
There aren’t any obvious reasons that clt wasn’t eligible, as we’ve explained on the MR.
Has anyone come across similar cases? It sounds like someone at the DWP has been making up the rules as they went along
Yes case just resolved recently.
The entitlement decision stated to the effect cos you were on UC (seriously). Transpired the dept had when awarding NS ESA had got the second NI condition wrongly counting voluntary class 3 contributions. I know I know sounds made up but erm would refer you to https://www.rightsnet.org.uk/forums/viewthread/19528/P45
Instead of offsetting an overpayment of NS ESA overpayment against a UC underpayment they wanted to pay a large amount of UC and recoup a large amount of NS ESA.
Anyway it was a dual NS ESA / UC claim instead of following the guidance - ADM Chapter 1 - D1079 The DM should note that 1. they can make an offset decision at any time before arrears of UC, JSA or ESA are paid and 2. whenever possible, they should include the offset in the new entitlement decision. The DM should ensure that any offset of benefit is dealt with before considering whether any UC, JSA or ESA has been overpaid. This is because an overpayment decision prevents the recoverable amount from being considered for offset later on1.
The above is the only ish remedy currently available because the amount of effort involved in persuading them to offset - in our case our MP had to go to ministerial level (really grateful to our MP) - We are really really really grateful to CPAG and PLP for their advice and so much more regarding another case. Proved vital in this case.
The legislation - has a structural anomaly regarding not offsetting underpayments against overpayments - Regs 8 and 16 Social Security (overpayments and recovery) Regs 2013