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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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I was called this morning at 8.30 to inform me that a DWP officer

Customer Question

I was called this morning at 8.30 to inform me that a DWP officer wanted to visit me on Monday morning. I had been receiving Contributory ESA, and I received my ill health occupational pension last year. I did not inform them as I thought I was still eligible to receive ESA as it was Contributory. I was contacted last month to inform me that it had come to their attention that I was receiving my pension, my ESA was stopped & I may have been overpaid. I then received another letter informing me of a possible civil penalty of £50 in addition to the overpayment issue and inviting me to tell them in writing why I had not informed them of my change in circumstances. I wrote a few weeks ago informing them as above that I thought I was still eligible and I also have been very ill. I assume this has prompted the visit; Is this usual DWP practice, and what rights do they have to ask for information on the visit e.g. my savings info? I received my pension following a lengthy Appeal and it was backdated to when I lost my job, but came though as one payment including the arrears, in June last year. Can the DWP force me to pay back all the ESA I have received and also prior to June last year when I had no other income but my ESA. I had paid NI contributions for 30 years and feel I am being treated like a criminal. Ii need some advice on what to expect, what my rights are and what legally they can ask me to pay back
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Are you asking if they have done anything unlawful?
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Customer: replied 1 year ago.
No, but I need advice on what legally they can ask me about e.g financial info and what I can be forced to pay back, prior to receiving my pension - details of which I related in my question.