Is it too late to make an appeal?

Q . I am claiming Employment and Support Allowance, but I have received a letter telling me that I have been overpaid because they think I have been receiving a private pension. I haven’t claimed my private pension yet as it isn’t due to be taken until I turn 60, so I think it is just a simple mistake, but I have missed the deadline to appeal the decision. I was visiting family in Cornwall for four weeks, but from the date on the letter it looks as though I have missed the deadline by over a week. Do they still have to accept an appeal from me? A . Appeals generally have to be received within one calendar month from the date on the decision letter, however, a late appeal can be submitted up to 12 months late – giving you 13 months from the date on the decision letter, however, the later your appeal, the better your reasons for being late must be. Ill health and being away from home are taken into account. You would need to appeal in the usual way, which is either the phone or in writing to DWP, there is no particular form, but you should give your reasons for the lateness at this stage. As you are not receiving the income which they believe you to be getting, you should provide bank statements as evidence and any policy documents that you may have to show that the pension isn’t being drawn. If you were receiving a pension, the type of Employment and Support Allowance you receive determines how much pension would be taken into account. For Income Based Employment and Support Allowance, the whole pension payment would be deducted from your Employment and Support Allowance entitlement, so you would not ‘gain’ from taking the pension as your overall income would remain the same. If you are getting Contributions Based Employment and Support Allowance, then the first £85 per week is ignored, and half of anything over £85 is taken off your Employment and Support Allowance award. Q . I have been doing permitted work and getting Employment and Support Allowance for two years. I do 15 hours per week for minimum wage (£112.50 pw). I have been managing and was hoping to increase my hours. I still have reservations about whether or not I will manage, so I was hoping to leave my Employment and Support Allowance claim open. Is this be possible? A . Permitted work is an option for people on Employment and Support Allowance but feel they may be able to complete some work; in practice you can use it as a test to see whether you manage going back to work without having to risk your benefits. But you must work less than 16 hours per week and earn £120 or less a week. If you are thinking about increasing hours, you would need to close your Employment and Support Allowance claim first. If you close it, but are unable to manage your hours, then you can re-claim it and go back to your previous rate if the claims are separated by 12 weeks or less (104 weeks if you are a work or training beneficiary).