Underlying Entitlement

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  • #39830
    emmal
    Participant

    Hi – Hoping someone can clarify this for me…. 🙂

    Situation – Clm was receiving ESA(IR) & informed the ESA department on the 15/02/2011 that she had started working & for whatever reason (DWP ERROR) they continued to pay her ESA for period Jan 11 – Nov 11

    We received ETD Oct 2011 informing us that her ESA cancelled back to Jan causing £3981 O/p

    We then cancelled claim causing O/p

    The ESA O/p is now deemed as Offical Error – Non recoverable

    The problem I have is now I come to award U/E using her wage details, do I use the amount of ESA that she was getting as an income too? as U/E is for her’actual incomefor the period of O/p’ which would of been wages & ESA

    but something isnt sitting right with me to use it as in fact this is a written off O/p & I think we should be writing it off so to speak & following suit with DWP decision. If I was to treat this as a CIC – I wouldnt be using it!?!

    Please help – Thanks

    #113580
    Kevin D
    Participant

    Trouble is, it is a fact that the clmt received the monies. It isn’t being recovered. On what basis can it be disregarded? Case law is a bit woolly in these precise circumstances but, on balance, my view is that it counts as income because it was income AND isn’t being recovered.

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