Last January I was told over the phone by a benefits adviser that I was eligible for Esa (contribution) benefit I had no idea if I was or not as I've worked all my life as a Prison officer up until being medically retired January 2015, this was due to having new knees as I have chronic Osteoarthritis and then I was subsequently diagnosed by a Consultant Rheumatologist as having Fibromyalgia. The benefits advisor completed the forms over the phone and a few weeks later I was awarded Esa, I told the advisor many times that when I was able I was going to get work part time and this I did a few months later to my understanding I was awarded Era for a year due to the contributions ive paid over the year's .A year on I completed and returned the Esa forms sent by Dwp I assumed I would not be eligible for Esa further as I thought it was only for a year, during the year I had started work as a home carer doing 16 hours it was hard but I need to for my mental health and self respect. I received a letter earlier this year telling me I had to attend an interview under caution this shocked me as I've never had trouble with any authority as I've been in the justice system for all my working life,I attended and was told I had fraudulently received a benefit I wasn't entitled to, all of the interview was recorded and I was quite upset through it. Ive never been in trouble at all and I told the truth as to my receiving the benefit I certainly hadn't meant to deceive, I explained that suffering with Fibromyalgia meant I had at times cognitive/ memory problems but the investigators dismissed the condition as they'd never heard of it. They stated the paperwork I stated I had completed and returned hadn't been received and I'd intentionally hid from them I had got a job which I've now finished as the private company went under I am hopefully starting a new job soon again only 16 hrs . I'm not that stupid that I don't know I will leave a digital trail with paying tax and stamp which I was, I stated that if I'd had a benefit I wasn't entitled to then of course I would pay it back .I received a letter a few weeks ago. Stating I owed 2,800 and would need to speak to them 're paying the amount back, I have in the past few days received another letter stating I have to go for an interview 07/11/18 because I have to pay 1,400 back on top of the original amount essentially it's a fine.I have no idea what to do next I'm living on my pension and my Pip award which is 1100 per month and my outgoings ( bills/petrol) are 900 per month I don't know what to do really and would appreciate any advice you have
Bernadette
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dottydettie
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Unfortunately State Benefits do have to be repaid even if its through no fault of your own which I apricate in your case its not .
I would advise anyone sending forms of letters to DWP to send recorded delivery ,to keep a copy and follow up with a phone call enquiring if its been received.
Did you inform them you had started work?
You are allowed to work and claim ESA but thier are restrictions on hours and earnings
I would contact Citizens Advice or Law Centre if you have one in your area
These 2 links should explain what to do and I sincerely hope it is sorted with minimal stress to you as you are verbalising to them it was a genuine mistake.
When you receive any benefits in your award letter it will state that you need to inform them of any changes. The onus is on the claimant to do this, and if you don't and you are claiming money you're not entitled to (whether you realise it or not) it is seen as fraud, and therefore you will be facing court proceedings, have to pay the money back, and will probably be fined as well.
I would suggest you seek legal representation as soon as possible.
Good luck
Hello Dottydettie,
Get straight on the phone to Citizens Advice, as you need to see a lawyer immediately!
you first need to tell them you want to appeal against all the charges on you owing them ex amount of money you will or should be told you need to do a reconsider notice first! Then once you get a letter from them saying you can now appeal, but make appointment with C.A.B an they can help you!! You do no u can do permitted work and it's up to 16hrs weekly and can only earn a certain amount a week, not sure how much it is but look on the you.gov.uk you will find alot more info off there too!! if it's more then you have to tell them as it could affect how much you get! J had alt of trouble, but went to appeal court an won my case plus i had my money back dated! Good luck! Dnt get to stressed you could flare your fibromyalgia!! 😍 stay strong! 👍👍
Thank you everyone for your replies you have helped .... I've been on to CAB and basically I need to see a sol they're trying to help but I seem to be going around in circles . I have said from the start if I wasn't entitled to the Esa then I would pay it back but they maintain I have fraudulently claimed and I haven't, I have no knowledge of the benefits system having worked since I was 18 up until being medically retired Jan 15.The fine they are adding is insult to injury, I will go to the interview tomorrow and tell them I accept it needs paying back but I will appeal the fine. Im totally at
rock bottom money wise and health wise this week has been one long fibro flare and im just getting to the end of it all
good luck dottydettie, just be honest an tell them you never intended to claim ESA fraudulently, but you can appeal, just make sure you do the reconsider notice first! Hope your feeling better, good luck 🍀 x
Hi do you have legal cover on home insurance? If so you should be able to get a lawyer with that. If not contact welfare rights or CAB for some help. Don't stress about the meeting as they are only doing their job, I have been through hell and back with DWP but most there people do try to help as I have now got help with problems I had dating 2yrs ago, now they are paying me back so don't giveup hope xxx
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