Interview under Caution re ESA and occupational Pensions

[Thun1964]

Hi Guys,

 

Please help I am so stressed and anxious and making myself sick.

 

I have been on Incapacity Benefit since 1997, i was medically retired from the NHS. I cant remember exactly when i converted to ESA but was placed in ESA support group then when the 365 days were up (maybe a couple of years ago)

 

they re assessed me to see if i was legible to continue, the outcome i believe was as i was in support group i would continue getting CR ESA. that carried on then in march i recieved a letter stating as i get £74.36 a week occupational pension x 2 I have one for £13.23 and one for £61.11 and that was to come out of my ESA. And that I may have been overpayed ESA.

 

I looked up online about CR ESA and pension and it says that if you have extra money over £85 they would take 50% over the £85 as i get under that i assumed i was ok. I phoned in DWP in march and I asked them about this they then said I was on Both IR ESA and CR ESA so that rule doesnt apply to me.

 

Then Today I have been sent a letter from DWP inviting me to an Interview under Caution about my ESA and my

pension. can anyone advise me i am so nervous as far as i'm aware they new of my pensions as i sent them P60 in the past.

 

please help.

 

Regards

[obiter dictum]

If you have an honest belief you have done nothing wrong then you will be fine. Just tell them everything they ask and not try and embelish anything. They are only interested in the organised fraudster. This hapens all the time.

 

This looks to me to be nothing more than ignorance rather than deceit. I am confident you will be asked for some sort of realistic repayment proposal on your total monthly income if any over payment has happened and not prosecution. Just be totally honest with them

[Thun1964]

Dear Obiter Dictum,

 

Thank you so much For the quick reply i've been going over and over things , i honestly believe i've done nothing wrong but it still scares you.

 

I think the overview of this case, is that i'm hoping there is some sort of mixup. reading up on legal websites when i initially moved from IB to ESA I was placed in ESA Support group and they review after 365 days however I can remain in this group CB ESA as i'm in support group and your allowed other income up to £85. However you can have a top up of IRESA therefore if i'm in both groups i don't know where i stand as if your in IR ESA all amount of extra pensions are taken out of your ESA.

 

Thats why i'm so mixed up I have made them aware of everything i think, what this is about I think is they believe when i went into the both groups i should have made them aware which i am sure i sent them everything.

 

Ive just been crunching numbers and I should have been entitled to x Amount but i didn't get that looking at numbers they were taken out pension 1 £12.69 since ?? they believe i should of completely moved from CR ESA to IR ESA.. More confused with Government websites as if i'm in both groups and each group has its own set of rules which one takes priority.

 

I am so sorry for going on. never had to deall with anything like this.