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TonyTax, Tax Consultant
Category: Tax
Satisfied Customers: 15915
Experience:  Inc Tax, CGT, Corp Tax, IHT, VAT.
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I have been informed by the DWP, that I have to repay ESA,

Resolved Question:

I have been informed by the DWP, that I have to repay ESA, for a 2 year period, following winning an appeal for my occupational pension, which was backdated. When it came through I then was taxed on the whole amount & told by HMRC that it was considered as solely as income for this year.
I am planning to appeal the decision regarding repaying the ESA prior to receiving my pension.
Is there any social security rules or approaches I can use to fight this issue.
Submitted: 1 year ago.
Category: Tax
Expert:  TonyTax replied 1 year ago.
Hi. I/m not an expert of ESA law but what I can tell you is that HMRC are wrong. If you look here, you will read that the pension arrears that have been or will be paid to you should be backdated to the tax years in which they should have been paid had they not been paid late. That may help to reduce or wipe out what you need to repay in terms of ESA. I'd consult the Citizens' Advise Bureau for advice on your appeal. I hope this helps but let me know if you have any further questions.
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