ESA Fraud and Mental Health

[Groundednearthed]

Hi

My daughter was diagnosed with bi polar about 2 years ago after many difficult years. She lost many jobs, struggled through Uni and accrued significant debt along the way. Earlier this year she was awarded ESA after being out of work for a considerable time. at the time she was awarded the ESA she was quite unwell and not in receipt of medication. She took a job during this period which lasted a few months but invariably came to an end. Eventually she went back on her medication, moved and secured a good job and a flat. Recently she received a letter from DWP advising her that they had retrieved her records and that she owed £1800 in over paid ESA and she was being prosecuted for benefit fraud. Being as ill as she was she was totally oblivious to what she was doing and now is in a complete panic about the situation. This obviously has not helped her MH and so I am quite keen to have some advice about what she/we should be doing to deal with this. The DWP have become quite heavy handed and have advised that despite awarding the ESA due to her MH, they are not now interested in her MH problems and she has to repay the money. Ant advice would be welcome as not sure where to start with this.

Thanks

Lorraine

[JulieM]

Re: ESA Fraud and Mental Health

I assume you are saying that your daughter was working and claiming ESA.

If if this is the case there is little defence only mitigation I fear.

My my advice would be to get some legal advice, has she been arrested or charged with anything or been given a court date?

A a suggestion would be to make an offer of repayment. Would her GP be supportive?

[CYNthesys]

Re: ESA Fraud and Mental Health

First of all I suggest she asks DWP in writing for a full explanation and breakdown as to how the alleged overpayment has arisen.

Secondly is your daughter now well, or is she still mentally ill?
I can imagine DWP's heavy handed conduct has affected her mentally and wonder if she has a mental health advocate who can assist her?

[Groundednearthed]

Re: ESA Fraud and Mental Health

I assume you are saying that your daughter was working and claiming ESA.

If if this is the case there is little defence only mitigation I fear.

My my advice would be to get some legal advice, has she been arrested or charged with anything or been given a court date?

A a suggestion would be to make an offer of repayment. Would her GP be supportive?

Hi

yes she was working and claiming but only working 22 hours a week, she is allowed to work 16.

She was unwell and really didnt think of the consequences.

She hasnt been arrested or charged, i think they are trying to get her to repay everything they paid her, which I think is incorrect.

Her GP would be supportive and is able to evidence her menatl state.

- - - Updated - - -

Ok i did think to sk them for a breakdown as they appear to be asking her for the full amount

She is still not well and this has actually kicked her into a manic episode.

I am trying to advocate for her, but gettig her to focus is quite hard right now.

I feel I need to contact DWP in any case as her appeal date is almost up and she isnt attending to it

[JulieM]

Re: ESA Fraud and Mental Health

Hi

There is no automatic right to work on ESA except either under about £20 a week which can be done for as long as wanted but you need to tell the DWP.

The other option is permitted work, again there are limits, yes 16 hours but also amount currently 107.50 I think. Basically 16 hours at minimum wage. If you daughter was in the support group this could be indefinite, if in WRAG only for a year.

The good news is that at the moment there is no sign of prosecution other than threats. May I suggest getting a professional to advocate her, someone from MIND for e ample.

Sorry i I can't be more help

[Snoopy1948]

Re: ESA Fraud and Mental Health

My view on this is that the DWP probably have a good case as they seldom talk of prosecution unless their case has been well 'risk assessed' with their own compliance staff and of course with their own legal team.

You state that 'at the time she was awarded the ESA she was quite unwell and not in receipt of medication' .... simply put, was she quite unwell due to not being in receipt of medication and if not, why not? Or was that a failing due to her lack of responsibility due to her condition?

Breaking the rules is breaking the rules and while poor mental health may be used in mitigation, the offence should not have occurred. You would be surprised if I told you of the hundreds of people I have deal with for benefit fraud recovery who put everything down to being dyslexic at the time. A veritable badge of honour for the naughty!

You also mention that 'Eventually she went back on her medication, moved and secured a good job and a flat' and that suggests that all is far from lost and she does indeed have elements of control in her life.

Fraud investigation staff are human being beneath that apparent cloak of menace ( remember they are in charge of public money ) , I have worked with many over the years and a common sense approach by the defendant is much better when they are open and honest. Prosecutions must be in the public interest and with the massive workload that these guys always have, they are open to an honest approach, an offer to put the matter right by a repayment offer and perhaps a request to have the matter dealt with by an official caution for the DWP solicitor under the difficult circumstances that you have laid out. Worth a punt.