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

ns-ESA overpayment recovery and official error

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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If somebody claiming new style ESA declares pension income in excess of £85/week but DWP do not reduce the ESA payable is any overpayment recoverable? The error is, in my opinion, official error but I’m not clear whether the old ESA rule that overpayments due to official error are non recoverable applies or whether, being a new style benefit, it comes under UC rules which allow any overpayment, howsoever caused, to be recovered.

Elliot Kent
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nsESA overpayments are always recoverable in the same way as UC overpayments so whether it is official error or not won’t really matter.

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Elliot Kent - 19 December 2020 11:58 AM

nsESA overpayments are always recoverable in the same way as UC overpayments so whether it is official error or not won’t really matter.

Thanks, Elliot. That was what I expected but wanted confirmation.