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Repatriation
Hi
I have received notification today that a mixed age couple that I have been working with since May are finally going to be repatriated onto ESA. Their claim is being re-instated from 14 March when the ESA claim was closed because he hit 65. I’m sure I have read somewhere that there is no legal basis for the offsetting of UC paid against ESA owed - but I cannot find it anywhere. If that is the case, can someone point me in the right direction - my gut instinct is that the UC is an overpayment and so is recoverable but want to check.
Also the local authority have told me that HB cannot be reinstated without a letter from UC confirming that the claim was allowed in error. They say that confirmation of continuous ibESA is not enough, and that they cannot contact UC themselves, the claimant has to get the letter. This seems pretty obstructive especially as the claimant has a telephone claim so cannot obtain a letter via the journal. Surely if ibESA is in place then the decision to terminate HB can be revised?
TIA